HomeMy WebLinkAbout03-17-1992
Agenda No.."~Q~---
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AGENDA
CITY OF DENTON CITY COUNCIL
March 17, 1992
Work Session of the City of %lenton City Council on Tuesday, March
170 1992 at 5:15 p.m. in the Civil Defense Room of City Hall, 215
E. McKinney, Denton, Texas at which the following items will be
considered:
5:15 p.m.
1. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S.
1. Consider action in David Solis vs. City of Denton.
B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S.
C. Personnel/Board Appointments Under Sec, 2(g), Art.
6252-17 V.A.T.S.
1, Consider appointments to the Building Code Board,
the Electrical Code Board, the Plumbing and
Mechanical Code Board, the Sign Board of Appeals
and the Planning and zoning commission.
2. Consider an appointment of an Assistant City Judge
for the Municipal Court.
2. Receive a report and hold a discussion regarding a University
Students Ad-Hoc Committee,
i
NOTE: Any item listed on the Agenda for the Work Session may
also bo considered as part of the Agenda for the Regular Session.
Regular Meeting of the city of Denton city Council on Tuesday,
March 17, 1992 at 7:00 p.m. in the Council Chambers of City Hall,
215 E. McKinney, Denton, Texas at which the following items will be
considered:
7:00 p.m.
1. Pledge of Allegiance
2. Consider approval of the minutes of the Regular Session
February 18, 1.992 and the Special Call Session of February 25,
1992.
[4l
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Agenda No. , 9 a
Agenda Item
Date
City of Denton City Council Agenda 2 `
March 17, 1992
Page 2
3. Citizen Reports
A. Receive a citizen report from Cliff Hansen regarding the
Fry Street Fair.
B. Receive a citizen report from Chris Gustin regarding the
Fry Street Fair.
4. Consent Agenda
Each of these items is recommended by the Staff and approval
thereof will be strictly on the basis of the staff recommendations.
Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in accordance with the staff
recommendations.
Listed below are bids and purchases orders to be approved for
payment under the ordinance section of the agenda, Detailed back-
up information is attached to the ordinances (Agenda items 5.A,
5.B, 5.C). This listing is provided on the Consent Agenda to allow
council Members to discuss or withdraw an item prior to approval of
the Consent Agenda.
A. Bids and Purchase Orders:
1. Bid #1333 - Precast Manholes
2. Bid #1336 - Refuse Bags
3. Bid #1337 - streetlight Heads
4. Bid #1339 - Police Motorcycles
5. Bid #1340 - Police sedans
61 Bid #1335 - Paint/Seal Exterior of Service Center
7. PC #23032 - North American Transformer.
84 Bid #1302 - ECG Monitor/Defibrillators
B. Tax Refunds
1. Consider approval of s tax refund to Jean F. Bly
for $1,541.99.
2. Consider approval of a tax refund to Epic
Healthcare Group for $8,635.28,
Agenda No. -00 ~
.
Agenda llem_ _ - -~I
Data '7`Lr~' /
council Agenda ~Ln
City of Denton city
March 17, 1992
Page 3
5, ordinances
A. Consider adoption of an ordinance accepting a competitive
bids and awarding a contract for purchase of materials,
equipment, supplies or services. (4.A.1. - Bid #1333,
_ - Bid
4.A.2. - Bid
Bid #1339, 4.A.5. - Bids#1340,3 4.A.8. -,#Bid 7#130 )4
B. consider adoption of an ordinance accepting competitive
bids and providing for the award of contracts for public
works or improvements. (4.A.6. - Bid #1335)
C. Consider adoption of an ordinance providing for the
expenditure of funds for emergency purchases of
materials, equipment, supplies or services in accordance
with the provisions of state law exempting such purchases
from requirements of competitive bids. (4.A.7. - PC
#23032)
D. Consider adoption of an ordinance authorizing the Mayor
to execute an agreement with corgan Associates, Inc. for
professional architectural services relating to Phase I
implementativn of the city of Denton Ma sttherefor,Plant
and authorizing the expenditure
RE. Consider adoption of an ordinance prohibiting the parking
of vehicles on the south side of Windsor Drive, comfits
t 43 with North Locust Street oo£ pointh Locust
intersection
ausel and providing a
east of
rothe vidingta severability clline
penalty not to exceed two hundred dollars. (The Traffic
Safety Support Commission recommends approval,)
F. JConsider ennette Street olocated north of Mill dStreet ain the Alex
Robertson Addition of the City of Denton, Texas as .a utility
public street) and reserving a drainage and ommission
easement therein. (The Planning and Zoning
recommends approval.)
G. Consider adoption of an ordinance vacating a portion of
ase (Park The
the drainage easement in Lot 40, of° Den Northlak
Tex.
Addition, Phase V, to the City roval.)
Planning and Zoning Commission recommends app
Agendo No.
Agenda Ilem
Date
City of Denton City Council Agenda March 17, 1992
Page 4
H. Consider adoption of an ordinance abandoning and vacating
an alleyway located in the Mrs. McKennon's Addition of
the City of Denton, Texas, recorded in Volume J, Page 438
in the Deed Records of Denton County, Texas, as a public
alleyway. (The Planning and Zoning Commission recommends
approval..)
I. Consider adoption of an ordinance approving a retainer of
the lawfirm of Howard E. Watt, P.C. to represent the City
in pending litigation.
J. consider adoption of an ordinance approving a contract
retaining R. William Wood of the lawfirm Wood, Springer
and Lyle, P.C. to present the City in pending litigation.
6. Consider approval of the preliminary plat of the A. Goldfield
Addition, Lots 1 and 21 Block A. The 6.427 acre tract is
between Pennsylvania and Carmel Drives, and the site fronts on
Southmont Drive. (The Planning and Zoning Comm-h:ision
recommended approval 3-1 at its February 26, 1992 meet.i-'cJ.)
7. Resolutions
A. Consider approval of a resolution authorizing the City
Manager to execute a lease between the City of Denton and
the Federal Aviation Administration for land at the
Denton Municipal airport for the erection of a marker for
the instrument Landing system for Runway 17.
B. Consider approval of a resolution authorizing the filing
of an application with the Department of Transportation,
United States of America, for a grant under the Urban
Mass Transportation Act of 1964, as amended.
C. Consider approval of a resolution temporarily closing
Avenue E from Eagle Drive to Prairie] Highland, from
Avenue E to Avenue C; and Avenue D, from Maple to
Highland on April 11, 1992, from 5100 P.M. to 10:00 P.M.
D. Consider approval of a resolution temporarily closing
Congress street, from Denton to Alice on May 15, 1992
from 3:00 p.m. to 6:30 p.m. for Cougar Day.
E. Consider approval of a resolution temporarily closing a
portion of Fry Street between the intersections of oak
Street and Hickory Street on Sunday, April 12, 1992, from
11:00 a.m. to 10:00 p.m. for the Fry Street Fair.
Agenda No. / a ` 4D 9
Aganda Item
City of Denton City Council AgenJa IBta _
March 17, 1992
Page 5
S. Miscellaneous matters from the city manager.
A. Consider appointments to the Lake Information committee.
9. Official Action on Executive session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
10. New Business
This item provides a section for council members to suggest
items for future agendas.
11. Executive Sessient
A. ',egal Matters Under Sec. 2(e), Art, 6252-17 V.A.T. S.
B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g), Art.
6252-17 V.A.T.S.
NOTEt THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas, on
the day of 1992 at o'clock (a.m.)
CITY SECRETARY
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Agenda No.
Agenda llam
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City of Denton City Council Agenda le of 4~
March 17, 1992 ~J
Page 6
NOTE; THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
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BO! I APPOINTMENT INFORMATION
NAME L, Lw%141 A
ADORES PONE
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CITY STATE ZIP ODE
NAME 08 DLO R
Malt , I
APOREPS Of EMPLOYER POPE
STATE
Z I DE
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HAVE YOU PRIOR SERVICE ON A CITY BOARD?
If YES* PLEASE DESCRIBES
NAME Or CITYs
WOULD YOU HAVE A CONrLICT Or INTBAZST ON ANY 001►AD?_
IF Y950 PLEASE 09SCRIBSI
ON WBICE soma 00 YOU lass TO IZRVZ?
STA EXA"T OF APPLI a.rr. \rm
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DATE ,BIGNA OF APPLICANT
ache "MR a AT"Namm-.1sug
Sk is %be policy at the Ctky of oeatom City Council Nut Nembars ee the
various City 'Boards and Corteatoaq be moved gram cities tog lack at
attondanos so the rarloss m ot"s of the Beards AM CeMt4440ns. maahara may
be ramwwd as thebtollawimt basisi
14 Jocular m4ott Beard No **re may be rom"od tram office cos
red wosone a encoa diwiu "a course of one year and/or lamb
s 44teludamse at !41 at kbe aum"s 09 yowlsr oeotinys tit me year,
f fulw- Board members may be removed from cities
M tore once to fat of N}e r ad: .100,041 Called : a6~:
M4etl"o ts••ome roar. , a.•;,,'
As usaswsed aboemee is detihod as an absames far which ns advano"
netiftoatien to liven smd/sr of do"1144ed by ths. Cba4r*m.,09 trot a99e4116d
awd at ri0~iesi 3" v «..w w
TZAN Or APPOINTMENT
TBIs ' APPLICATXGW;-'p18T 83; PRZSEWMD TO,~, COUNCIL NZNBERS IN
9XBOUTIVE SESSrW'i AND NO ACTION WILL BB TkXXN UNTIL T81 SECOND
MUT1144 l'OLLOWING T8E PRZSENTATION.
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4104A
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CITY OF DENTON AponUa No
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BOl ~i APPOINTMENT INFORMATIONIa Itom
o l) C-' (ell
NAME / / TC~~S< < Y
ADDRESS PHONE
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"TY STATE ZIP ODE
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ADDRESS OF EMPLOYER PHONE
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OCCUPATION
RAVE YOU PRIOR SERVICE ON A CITY BOARD? N L-
I! YE9o PLEASE DESCRIBE s , -
NAN Or CITYs
WOULD YOU BAVE.A CONFLICT OF INTEREST ON ANY BOARD? >Y e'%
Ir YES$ PLEASE DESCRIBES
~~Nn.o, t ,1 J '[t/' le ~ h Qtr ll..'rr.•.y
ON $MZCB BOARD DO YOU WISE TO SERVE? e T~ of r H.C• l' S
STATEMENT OF APPLICANTt s.t•(e.-~` Qrr Tyr
BZCNATURE OF APPLICANT
.e,..+ ►r~srousa BotsCY
sit is kbe policy of the City e9 otmtom City Caunall that Members 09 the
vatisus City 'Boards aAd Commissi0as be removed tea eltiee tot lack e!
etmwN of k b ! ueed@ mooki"v et %be loardo 4" CammUcioar. "I"N■ may mokaj
IM484 166"498 may be removed gram sftlae fee a 0, 1o fAiN A4 '4a a GM1 Vw d..111Lthe iWfN Of 416 year and/or I"%
so attssdasss at $06 ad Mw r 09 regales "40fiyo is the year
i. aostd Members SAY be 140OVed 9900 Ot9ice
as o at Aa aAas sk !09 19 the rumbas 04 90eaisl Called
Jseseisra is ams yeas.
As unos0used abe4aoa is defiAOd AN am Absence tee wkiok me advanced
~;i«tion is liven AW69 as 4414=14" by %be Chairman of %be al9amted
SE ONLY,
TERM Or APPOINTMZNTs
BEGI.NNIN ENDING
THIS APPLICATION MUST BE PRESENTED TO TEE COUNCIL MEMBIRS IN
BE TAXEDt UNTIL THE SECOND
~ETINO TOLLOWING SESSION* TEE D PRENO ACTION SENTATION,
6104A
Agenda No.
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ADD SS 0 EMPLOYER NEB'
STATE ZIP ODE
V~.~~rR~ilQ~l~~
HAVE YOU PRIOR SERVICE ON A CITY BOARD?
IF YESr PLEASE DESCRIBE:
NAME OF CITYs
WOULD YOU HAVE A CONFLICT OF INTEREST ON ANY BOARD?
IF YES$ PLEASE DESCRIBE:
ON WHICH BOARD DO YOU WISH TO SERVE? NL ' r
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STAIT NT OF APPLI
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DATE IGN T P I
Saw MWIR RMOCANQ IPOLI
It is the POLICY of the city of Denton city council that Kemberg of the
various city 'boards and Commiesicas be removed from office for lack of
attendance at the various meetings of the Boards and Commisalons. Members may
be retaoved on the following basist
Is Rrcular Keetlnag. board Nrmbers may be rosoved from office for
Yee unrreua a sencys durinv the course Of one year and/or lack
at attendance at Sot of the combat of regular meetings In the year.
i. ECg11~ Nretines. Board Kosberg au►y be removed from attics
Os ao a ire
&MCs at Sot of the nuaaer of ::Peetal called
Meetings to am leer.
An unexoused absence 1s defined as an absence tog which no advanced
notification is given and/or as detenined by the chairman of the affected
Board or Commission.
OFFI USE NLYt
TEnM OF APPOINTMENT:
BEGINNING ENDING
THIS APPLICATION MUST BE PRESENI'ED TO THE COUNCIL MEMBERS IN
EXECUTIVE SESSIONO AND NO ACTION WILL SECOND
MEETING FOLLOWING THE PRESENTATION. ^ ff, 6104A
FEB 14 1990
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PIiV IUAAIAM,nr n•-inr
Agenda No.
CITY OF DENTON Agenda Ilem
BO! i APPOINTMENT INFORMATION
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NAME Y/3 fox cREEx cr, 3$2-0392
ADDRESS P~t~$
DetJmV, TEXAS 7620
CITY STATE ZIP CODE
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NAME Or EMP40=
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ADDRESS Or EMPLOYER PRONE
CITY STATE ZIP DE
OCC6 A M~AJ4 A?,tt.tAJE Piccr
HAVE YOU PRIOR SERVICE ON A CITY BOARD? YES $vT VE2Y4040 Rbo
17 YES o PLEASE DESCRIBE: PCANNJwV Ga~rtrttr~ cNooc L6 _ yf
NAME Or CITYp BFUeya ll N AS
WCULD YOU HAVE A CONFLICT Or INTEREST ON ANY BOARD7 NO
Ir YES, PLEASE DESCRIBES
ON V9XC9 DOARD DO YOU WISH TO SERVE? yCPl,tr eCANNtIJd orwoe apsaos Sc
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DATE -r SIGNATG Or LICANT
soaao w E1 1►=maana7trs seize:
Yk is the policy ad Us Clky of Dent" City Council Oak Members of the
various City 'soards mad Comslasiono be removed from office dolt lack of
attwWwwo at Oa various matinya of tbo soarda mad Coraiosiond, Members mar
be removod a the daitowiaq basiso
1. ~tticsL looed Members may be removed from office for
Fes weuause a encas durin* the course of end year and/or lack
ad atteadaaso at !dt ad ohs number of regular meatiAls LA the yams,
So 1sl8101 Called #oklnea. ""d Members may be rnw7od from effiao
~ 64MM 09 Re't~ s at M ad 04 numbs of stacial W14W
hlsetiMs in ems lost.
As useraused absence is defined as ar absence for wbich no advanced
netidicatien is them sad/et as ddlermindd by tho Chairman of the affected
Hard or Comw as i on.
3"10 USE Onyt
TEAK Or APPCINTMENTi
BEGINNING ENDING
THIS APPLICATION MUST 88 PRESENTED TO TEX COUNCIL XE.MBERS IN
J EXECUTIVE SESSION, AND NO ACTION WILL BE TAKEN UNTIL TEE SECOND
METING rOLLOWING THE PRESENTATION.
6104A
CITY OF OENTGN Nonda No,
BOl~t APPOINTMENT INFORMATI(MUOIda itam_~~
NAM9 n i ,
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RAVZ YOU PRIOR SERVICE ON A CITY BOARD?
IF Me PLEASZ DZSCRIBZ$
MAM OF CITYs
WOULD YOU RAV= A CONFLICT OP INTERM ON ANY BOARD?
It YU r PLiA & DzSCRIBi s
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STATZMNT OF APPLI t
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Ys44 wlexcus4e •1e4nas 4uala tue ewrse 4d a" etc "Ves took
a utata"t at~l~os at tke a0mwr e! s""as m•4tial4 to kbe year.
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Moods" is am peas.
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aetltlaattem to fivea swag as /earala•d by the Cldatsa•a o! the 698eetod
swdN w Comaolsoiem.
OR ONLY,
TZJW OF APPOINTMENT!
BEGINNING
E
THIS APPLICATION MUST BE PRESENTED TO TEX COUNCIL MEMBERS IN
ZXZCUTIVZ SESSIONo AND NO ACTION WILL BS TAJ= UNTIL THZ SECOND
MEETING FOLLOWING THE PRESENTATION.
4104A
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Agenda No.
agenda item S # OZ
CITY OF DENTON
MEMORANDUM
DATE: March 17, 1992
TO. Mayor and City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PROPOSED UNIVERSITY STUDENTS AD HOC COMMITTEE
REC MMENDATION:
That City Council receive a status report on the formation of an
ad hoc committee comprised of university students, and give staff
direction on preparing a resolution of support.
BACKGROUND:-
City staff presented a proposal for a University Students Advisory
Committee during the City Council worksession of Tuesday, February
18, 1992. At that time, the Council requested that the students
meet to give additional thought to the proposed structure taking
into consideration the following issues:
o What will be the purpose of the group, its duties and
responsibilities?
o Does the committee have to be formally enacted by the City
2 month
by he o Cofor a uncil?
Council and made , evaluated advisory?
and s then considered be
period
o What will be the interposition of the group with the
university administrations?
since then representatives of the University of North Texas and
Texas Woman's University have met to refine the committee concept
and discuss h The following information will hopefully answer your Cquestions.
STATEMENT OF PURPOSE
The duties and functions of the committee would be to assist the
City Council and the city government in promoting civic duty among
the university students by acting as a liaison between the City of
Denton and the university student population, The students felt
that too many individuals come and live in Denton during their
untapped. government,
potential really resources interact of std with nts local
collee quently,,the but never
Conse
Agenda Nu. D 2
Agenda Item_ ~~~s Z_ -
City Council Agenda
Student Ad-Hoc Committee G~
March 17, 1992
Page 2
Specifically, the students would like to:
1. Work to familiarize the student community with local
kr~.a government by incorporating an overview of city programs and
services into college orientations.
2. Assist the citizens of Denton and the local government by
coordinating volunteer projects to be performed by the student
community and its organizations.
3. Facilitate communications between the student community and
local government by identifying issues affecting the student's
quality of life and working with city officials to seek
workable solutions.
4. Assist the citizens of Denton and the local government by
identifying student academics who may serve as scientific,
literary or artistic resources for city programs and projects.
5. Assist the student population by developing mentorship and
intership opportunities with local government and the business
community.
AD HOC COMMITTEE STRUCTURE
The university representatives also discussed whether it was
necessary to have the City council formally create an advisory
committee or whether an ad hoc structure would be sufficient to
allow them to proceed with their work. The students agreed with
Council's suggestion that the committee could initally be ad hoc
and that an evaluation be made after a period of time to determine
the need to formally create an advisory body. The students were
concerned about having a staff liaison to assist them in their
work. They were aFisured that the City Manager's office would
assist their efforts and that Jesus would continue to serve as a
liaison to their group.
COMMITTEE RELATIONSHIPS WITH UNIVERSITY ADMINISTRATIONS
To address your concern about whether this group would in any way
interfere or intervene wi",h the City's Town/Gown relations, the
students not with their respective school's administrators to
discuss the formation of the committee . Both the UNT and TWU
students report support from their administrations for their
efforts. If Council desires, the students have offered to obtain
letters of support from the university administrators.
i
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Agenda ft
Agenda Viem. S--2l " - We S
City Council Agenda
Student Ad-Hoc Committee
March 17, 1992
Pays 3
If the City Council is pleased with bring h you as
been done, it is Tay
resolution of support for the ad-hoc committee.
the group, the repolution,
we would outline our commitment to support
liaison and to undertake an evaluation of their activities after
a 12 month eriod. At that time, the City Council could cons
giving the committee formal advisory status or maintaining itsiad-
hoc structure.
This report hopefully addresses the concerns that were stiondfat
the Feb 18 meeting. Please allow me to state my appreciator
the cooperation and commitment that the students have exhibited.
I know they are eager to work and assist the council in any way
pc.asible.
Please let me know if you desire additional information. Thank you
for your consideration.
Prepared By:
s Nava
Aiasi ant to the City Manager
Approved By:
L1 y V. Harrell
City Manager
cc: UNT and TWU Student Government Representatives
CITY
COUNCII
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Agonda No.
Ayondo Item-~ ~p74~ oZ
11310 .
CITY OF DENTON CITY COUNCIL MINUTES l/
FEBRUARY 18, 1992
The Council convened into the Work Session at 5:15 p.m. in the
Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Alexander, Chew, Perry, Smith and Trent.
ABSENTr None
1. The council convened into the Executive session to discuss
legal matters (considered action in Texas Waste Management vs. City
of Denton and considered action in Gillispie vs. Citv), real estate
(discussed acquisition of land for recreational facilities) and
personnel/board appointments (considered appointments to the
Building Code Board, Cable T. V. Advisory Board, the Plumbing and
Mechanical Code Board and the Airport Advisory Board).
Following the conclusion of the Executive Session, the council
convened in open session in the council chambers.
1. The council received a report and held a discussion regarding
the City's Capital Improvement Plan and budgeting process.
Corrie Gil, Management Services Administrator, presented the
background on the CIP process in relation to the budget process.
She presented the process for the CIP details. There would be
better identification and better tie of operation and maintenance
costs related to each capital project - annual information rates by
expenditure category. Additional projects were added to the five
year plan based on information received from a recent public
hearing. The recommendations received by the Planning and zoning
commission were based on the following criteria: (1) public
safety, health and life, (2) legal requirements, liability or
mandate, (3) quality and reliability of current service level, (4)
economic growth and development (5) recreational, cultural and
aesthetic value.
Mayor Pro Tem Hopkins stated that there was an error in the backup
materials. There was a statement attributed to the Denton State
School regarding a project and it should have a project concerning
State School Road.
Council Member Trent asked haw citizen recommendations were handled
regarding specific problems.
Gil replied that each of those items would be listed as a project,
analyzed by cost information and if they pertained to a utility
area, would be forwarded to i-aB Public Utilities Board or if a
general government area, woulc, Ma forwarded to the Executive Staff
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City of Denton City Council Minutes Dalo"-'J
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Page 2
for analysis and recommendations. All would then be forwarded to
the Planning and Zoning Commission which would give their
recommendations to the City Council.
2. The council received a report and held a discussion regarding
the establishment of a University students Advisory committee and
gave staff direction.
Jesus Nava, Assistant to the City Manager, reported that there had
been two meetings with the students thus far. The students had
given the idea a great deal of thought and were well prepared with
several ideas on how the committee should work. They had ideas on
representation and how it should be balanced between UNT and TWU.
The proposed board would have seven members, three from UNT and
three from TWU. Terms would be for a year starting July 1 which
coincided with the terms of the city's boards and commissions.
The Student Government Associations from each of the universities
would be responsible for providing three names plus one alternate
name to the Council. In even numbered years, UNT would provide the
chair and in odd numbered years, TWU would provide the chair. A
suggestion was made to have an ex-officio seat or seats be
available for high school representation. The universities would
select their representatives in spring when they had their election
of officers in the Student Government Associations. Those names
would be submitted to the council for the appointment process. The
body would be advisory to the Council and would be responsible for
deliberating issues affecting students and the student community.
They would be allowed to appoint working committees to assist them
in getting their work done. They would meet regularly and
especially once a semester with the Council in a joint work
session. The first annual meeting would be during the summer after
the Council appointments. Starting with the fall semester, the
board meetings would be in September, October and November. During
the spring, the board would meet in February, March and April.
Lloyd Harrell, City Manager, stated that this was a suggestion from
the university students from UNT and TWU. It was their proposal to
the Council which the Council could discuss and make adjustments to
before it was returned in an ordinance or resolution form.
Council Member Alexander stated that he had a concern regarding the
status of the high schools. He did not like ex-officio positions
and was nct sure that the high school students would respond
favorably to that proposal, There might be a need for a separate
board for the high school students or to make them a part of the
group that came to the table in the student advisory board. He did
not feel the high school students should be in an ex-officio
capacity.
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February 18, 1992
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Nava replied that the discussion was more of one in which the
university students wanted to include the high school students.
This was just one of the suggestions.
Council Member Perry felt that the creation of an advisory board by
the Council was a serious matter in that once created, it had the
ability to directly participate in the government of the City. He
had several questions concerning the formation of such a board -
would the student committee be interposed between the Council and
the Administration on student issues and would it be interposed
between the Council and the Board of Regents of the universities on
student issues. He felt the questions were important as once
created, the board would have the power to give advise, discuss,
consult with and to recommend to the Council. The Council did have
relationships with all of the bodies at the universities. He felt
that it should be a committee with a name such as Student
Intergovernmental Committee rather than an advisory board. He had
a concern with placing that type of committee on the same level
with such boards as the Public Utilities Board or the Board of
Adjustment. He felt the formation of such a committee and its
dealings needed to be on a serious level. Additional concerns
included the jurisdiction of the committee and what issues it would
address. Issues which affected students would affect everyone. He
questioned the need for such a committee in view of the fact that
every student had access to the Council, had access to the floor of
the Council and had access to every board and commission of the
City as did any citizen. He asked for a clarification on needs,
purpories, interposition with other bodies at the universities,
funci:..(~ns, and areas of jurisdiction. He suggested having the
studer,* body form a committee and enter into a relationship with
the Council on an informal basis for a year and run it on a trial
basis. Problems could then be worked out before the Council
formally established such a committee, He urged the Council to
take time to look at the issue and give it a trial basis test so
that if the Council decided to carry it forward it would be on a
sound basis.
Nava replied that the draft of the committee followed the draft of
other Council committees particularly the Beautification
commission.
r council Member Smith stated that there needed to be a statement of
purpose of the committee, particularly if the committee could
create additional committees to carry out the purpose of the board.
She needed to know what that purpose would be in a distinct
statement.
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Mayor Pro Tem Hopkins stated that she had a concern with the high
school students. There might be a good rational for bringing in
the high school students in one manner or another but the Council
had not discussed that with staff and was not a step she was
prepared to take without more information and a rational for
including the high school students.
Council Member Trent stated that he appreciated the comments from
the university students when they spoke to Council and that they
were serious students. In response to one of the concerns which
council Member Perry had, there were some current boards and
commissions which did very little and the Council was not upset
about that. He felt that there might be boards in which the
members did not know they were members of that board. He did not
have a problem with constituting a student advisory committee and
f
elt that if the students on the committee did a good job, it would
make
wouldenot exist~o He was good. in r favor they of did a bad
procedingob, the committee
council Member Smith stated that if an ordinance were prepared, she
wanted a statement of purpose included which would give a clear
idea of the purpose of the committee, she questioned having the
first meeting in July as many of the students were not in town in
July, she also questioned whether students would run for these
positions as they would for positions on the student government or
would they be chosen by the individuals who would be elected.
Nava replied that the election of the officers occurred in the
spring and felt that after the new incoming officers were elected,
names could be solicited and submitted to Council.
Council Member chew stated that a definite statement of purpose was
needed and that the name of the committee needed to be discussed.
That needed to be very clearly determined,
Council Member Perry stated that whatever plan ulas presented needed
to be clear in regards to whether or not the body would be
eitheinterposed between
university. the wanted lthand any at clear other rbegin rwith so body hat
r there would not be an
it as being interposed butiwanted oitlclearland.a matterlofnrecurd
to begin with that the committee would in no way be interposed
between the council and other governing bodies. He did not know if
that would be possible. This body would not be a quasi-governing
body, it would be a real governing body. He again urged the
Council to take vome time to run the committee on an informal basis
to see how well it worked before it was given a full standing with
the Council. He had seen the council Chambers full of students on
Agenda No. ~JA -DD
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City of Denton City Council Minutes',
February 18, 1992
Page 5
issues which they were concerned about which was to the point that
they had their rights to come before the Council. They did not
need a special committee or group on anything which concerned their
needs. They already had every opportunity to participate in a
government as it affected them. There needed to be demonstrated
the need for such a committee.
Council Member Alexander felt that there were a number of viable
points raised by Council. Nava had mentioned that the model used
to draft some of the proposed language was from the Beautification
Commission model and he noted that that Commission was originally
established as an ad hoc committee and worked in that capacity for
a number of years before the Council made it a formal commission.
A critical question was to be careful on where the sovereignty was
in the Denton city government. The sovereignty needed to reside
with all of the people of the City including the students. The
only way to exercise that sovereignty was at the ballot box on a
referendum or electing council members. He felt it was important
to maintain the opportunity for students to come to Council and be
heard. The council needed to be careful that by establishing some
kind of advisory committee that rights of students to speak to the
council were not disenfranchised.
Mayor Castleberry felt it was a good idea for a committee. He
stated that there were a number of items which needed to be
clarified and brought back to Council at the next meeting, if
possible.
Nava listed those items as:
- high school representation
- statement of purpose of the board
- name of the board
Council Member Perry stated additional items were:
- needs
- interposition with other university bodies
Mayor Castleberry stated that it might not be possible to bring the
issue back to Council within oile week but if not, to bring it back
at the first meeting in March.
Council Member Perry stated that he saw no reason why the
alternative of a trial basis for the committee should not
thoroughly discussed with the students. He was very serious about
such a trial basis and wanted a serious response as to why a trial
period would not be in order.
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February 18, 1992
Page 6
Mayor Pro Tem Hopkins felt it was not necessary to have the item on
the table by the first meeting in March. She felt that there
needed to be a work session on the item before an ordinance or
resolution were presented to Council.
Consensus of Council was that another work session on the item was
in order but not to wait until May or final exam time.
The Council convened into the Regular Session at 7:00 p.m. in the
Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Alexander, Chew, Perry, Smith and Trent.
ABSENT: None
1. Pledge of. Allegiance
The council and members of the City Council recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the Regular
Sessions of January 21, 1992 and February 4, 1992 and the Special
Call Session of January 26, 1992.
Perry motioned, Chew seconded to approve the minutes as presented.
Mayor Pro Tem Hopkins asked that the minutes be separated as she
was not present for two of the meetings.
Perry amended his motion, Chew amended his second to approve the
minutes of the January 21, 1992 and January 26, 1992 meetings. On
roll vote, Trent aye , Alexander laye , Smith 'ayell, Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously with Mayor Pro Tem Hopkins abstaining as she was not
present for the meetings.
Smith motioned, Chew seconded to approve the minutes of February 4,
1992 as presented. On roll vote, Trent "aye", Hopkins "ayelt, Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously with Council Member Alexander abstaining
as he was not present for the meeting.
3. Resolution of Appreciation for Raymond short.
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City of Denton City Council Minutes ate
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Page 7
The following resolution was considered:
RA92--004
RESOLUTION OF APPRECIATION FOR RAYMOND SHORT
Perry motioned, Chew seconded to approve the resolution. On roll
vote, Trent "aye", Alexander "aye'0, Hopkins "aye", Smith "ayell,
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
4. The Council received a citizen report from J. Quinn Brisben
regarding federal/city revenue sharing.
Mr. Brisben stated that he was the socialist candidate for
President. He stated that municipal government was the government
closest to the citizen. He was well aware that municipal
government was being starved for revenue and revenue at that level
was primarily raised through property tax. Property tax no longer
reflected the real wealth of a city. A new form of government was
needed. He proposed a metroplex government and a municipal income
tax for people who worked in Denton but lived outside the City
limits. He also felt that there needed to be mere revenue sharing
from the federal government.
Mayor Castleberry acknowledged Leadership Denton in attendance at
the meeting.
5. Public Hearings
A. The Council held a public hearing with regards to the
proposed annexation of 23.059 acres located on Forrestridge Drive,
north of Ryan Road.
Frank Robbins, Executive Director for Planning, stated that this
was the second public hearing on the proposed annexation. At the
first public hearing the petition was amended to annex 23 acres
instead of 69 acres. The :schedule for annexation had been amended
which required a special meeting on March 11, at 4:00 p.m. The
purpose of the public hearing was to receive input about the
annexation and the service plan associated with the annexation.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
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February 18, 1992
Page 8
The Mayor close the public hearing.
Council Member Perry asked if the city would be installing the
utilities in the area, etc.
Robbins replied that the utilities would be provided by the city
but the cost of tho utilities and much of the construction would be
done by the developer as they were required to support the
subdivision.
B. The Council held a public hearing and considered the
preliminary replat of 4.082 acres, being Lot 1-R, Block 9 of the
Alex Robertson Addition from Lot 1, .289 acres of Jennette Street
right-of-way and approximately 3.538 acres of unplatted land. The
site was at the northeast corner of Crosstimbers and Mill Streets,
adjacent to the Union Pacific Railroad. (The Planning and Zoning
Commission reconunended approval 5-0 at its February 12, 1992
meeting.)
Fri-.nk Robbins, Executive Director for Planning, stated that the
site encompassed the Fred Moore Day Care Center and a large brick
building which formerly housed a high school. Public improvements
included approximately 960 feet of concrete sidewalk along Mill and
Cross Timber, and a fire hydrant next to Mill Street. The building
was proposed to be used by the D.I.S.D. for a school. Currently
the land was zoned for multi-family use in which a public school
was allowed by right. Some parking would take place on the to be
abandoned portion of Jennette Street. The recommendation from the
Planning and Zoning Commission included the conditions of final
abandonment of Jennette Street, and the showing of an adequate
easement on the side of the property. Approximately .289 acres of
right-of-way would be considered for abandonment at the Council
meeting of March 3, 1992.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Hopkins motioned, Alexander seconded to approve the preliminary
replat. on roll vote, Trent 10aye", Alexander "ayelt, Hopkins "aye",
Smith 'taye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
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February 18, 1992
Page 9
6. Consent Agenda
Council Member Trent asked that Items 6.A.1. and 6.A.2. be pulled
for separate consideration.
Smith motioned, Chew seconded to approve the Consent Agenda
excluding Items 6.A.1. and 6.A.2. On roll vote, Trent "ayelf,
Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry
"aye'P, and Mayor Castleberry "aye", Motion carried unanimously.
A. Bids and Purchase Orders:
3. Bid $1318 - Aerial Bucket Device
4. Bid #1319 - Medical Supplies
5. Bid #1328 - Pavement Patching Machine
B. Tax Refunds
1, Considered approval of a tax refund to First State
Bank of Denton for $1,585.29.
2. Considered approval of a tax refund to United Title
company for $508.57.
3. Considered approval of a tax refund to Wise County
Title Company for $614.01.
Item 6,A.1. was considered.
Council Member Trent expressed a concern that a second bid had not
been received on this item and suggested that an additional bid was
needed before it was approved. He had done some checking on the
item and had received information that the bid might be excessive.
There had been a second bid received but it was for a used piece of
equipment. He had asked if a used piece of equipment was less
efficient than a new piece of equipment. The answer he received
was that as long as the warranty was there, a used piece of
equipment was sometimes as good as a new piece and would cost about
half the cost of new equipment.
City Manager Harrell replied that the actual cost of the equipment
was $104,990 on a 60 month lease/purchase arrangement with Xerox.
other materials and maintenance costs were included in the package.
There was one other proposal received on the equipment for a used
piece of equipment. The Data Processing Advisory Board had
recommended the new equipment as opposed to the used equipment.
Back-up information also provided the detailed budget information
reviewed during the budget process and the ranking of the vario-t
Agenda No, ~J2 00 9
Agenda item_
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February 18, 1992
Page 10
packages which went to Council when the Council approved this as
part of the annual budget. The actual net cost to the city would
be about $16,000 per year because some of the other expenditures
would be off-set by not having forms printed out-of-house.
Gary Collins, Director of Information Services, stated that bids
were sent out to four bidders. Two did not bid on the project.
The actual cost of the equipment over five years would be $104,990
compared to the used equipment of $76,470. The bid for the used
oquipment watt good only until February 14 which did not coincide
with a Council meeting and the maintenance cost, which was part of
the package, could not be guaranteed by Xerox over the 60 month
period. The maintenance cost from Xerox was locked in for a 60
month period. There was a liability with used equipment which was
not present with new equipment. The original time for the bid
process had been extended for the bidders of the used equipment.
other bids could be sought but Collins felt that the results would
not be different. There was a $20,000 trade-in offer which expired
at the end of the month.
Council Member Trent felt that with a purchase of $104,000 there
needed to be more than one bid. In looking at the totals, the
equipment would not be leased/ purchased without the maintenance
program anc.could not be gotten without the usage charge. That put
the price at $231,000. It did not come through the budget at
$231,000. It came through the budget as $54,977.
Collins replied that during the budget discussion it was explained
that the figure represented the first year of cost of a five year
lease purchase.
Discussion continued as to what other cities with main frame
printers used and what response they received from bidders.
city manager Harrell stated that if the council desired, the
purchase could go back for another bid. He stated that part of the
proposal included a $20,000 trade-in for a piece of outdated
equipment. He was doubtful that the equipment was worth that much
and there was a deadline on the proposed trade-in.
John McGrane, Executive Director for Finance, stated that Xerox had
a promotional program through February. They were allowing $20,000
for an old Wang printer which would be honored through February.
Mayor Pro Tem Hopkins asked to hear from the chair of the Data
Processing Advisory Board.
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Agenda No.
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City of Denton City Council Minutes
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Jim Kuykendall, Chair-Data Processing Advisory Board, stated that
this was an excellent opportunity for the City to save money. He
did not know what else could be done to get more bidders. Four
were contacted. Only two submitted a bid. There had been much
discussion regarding the new equipment versus the used equipment.
There were technical issues associated with older equipment. The
equipment must be reliable,
Trent motioned to hold the bid until a second bid could be
received. The motion died for lack of a second.
Chew motioned, Alexander seconded to approve 6.A.1. On roll vote,
Trent "nay", Alexander "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye", ?"Action carried
with a 6-1 vote.
A. Bids and Purchases
1. RFSP #1317 - Laser Printer
Item 6,A.2. was considered.
Council member Trent stated that he did not see the need for a
survey crew to have a suburban. Perhaps a used vehicle could be
purchased instead of a new vehicle. He did not see any reasons why
the vehicle would need power windows, etc.
Tom Shaw, Purchasing Agent, stated that the vehicle was a very
plain unit, It had only power steering and power brakes and no air
conditioning was included. It was a white vehicle with a four
speed transmission. The problem with bidding a used vehicle was
that it could be gone by the time it went through the bidding
process, A suburban was requested for security reasons, There was
not enough room for three men in a cab of a truck together with all
of the expensive equipment that the survey crew needed.
Alexander motioned, Chew seconded to approve 6.A.2. On roll vote,
Trent "nay", Alexander "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry '?aye", and Mayor Castleberry "aye". Motion carried
with a 6-1 vote.
A. Bids and Purchases
2. Bid #1311 - Pickup Truck, Van (Item #5 only)
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Agenda Na.
Agenda Item
City of Denton City Council Minutes Dale. yZ
Febru 181 1992 / 2 Z
Page l.
7. Ordinances
A. The council considered adoption of an ordinance accepting
a competitive sealed proposal and awarding a contract for purchase
of materials, equipment, supplies or services. (5.A.1. - RFSP
01317)
The following ordinance was considered:
No. 92-028
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND
AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Smith seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
B. The Council considered adoption of an ordinance accepting
a competitive bid and awarding a contract for purchase of
materials, equipment, supplies or services. (5.A.2. - Bid 01311,
5.A.3. - Bid ,01318, 5.A.4. - Bid ,01319, 5.A.5. - Bid ,01328)
The following ordinance was considered:
No. 92-029
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE)
AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Smith seconded to adopt the ordinance. on roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew 'taye'40 Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
C. The Council considered adoption of an ordinance ordering
an election to be held in the City of Denton, Texas, on May 2,
1992, and, if a runoff election was required, on May 30, 1992, for
the purpose of electing council members to the City Council of the
City of Denton, Texas to Places 5 and 6 and electing a Mayor to
Place 7; ordering that the punch card electronic voting system be
used; designating voting places and appointing election officials;
and providing for notice of the election.
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City of Denton City Council Minutes alit° r~7 ?2^
February 18, 1992 %~oZ
Page 13
Mayor Pro Tem Hopkins asked about the date for the runoff election.
Jennifer Walters, City Secretary, stated that the State Legislature
had changed the dates for municipalities to hold a runoff. The
previous dates had been either the last or the second to the last
Saturday in May. The new date was no earlier than 20 days or later
than 30 days from the final canvas of the main election. In order
to have the runoff on a Saturday, the date would have to be May 30.
Discussion was held on possible ways to hold the runoff earlier.
The following ordinance was considered:
No. 92-030
AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF
DENTON, TEXAS, ON MAY 2, 1992 AND, IF A RUNOFF ELECTION IS
REQUIRED, ON MAY 30, 1992, FOR THE PURPOSE OF ELECTING COUNCIL
MEMBERS TO THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, TO
PLACES 5 AND 6 AND ELECTING A MAYOR TO PLACE 7; ORDERING THAT
THE PUNCH CARD ELECTRONIC VOTING SYSTEM BE USED; DESIGNATING
VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR
NOTICE OF THE ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
Alexander motioned, Perry seconded to adopt the ordinance. On roll
Chew, "ayent 'Peer , , al exander "aye", Hopkins "aye", Smith "aye,,,
carried unanimously, Y and Mayor Castleberry "aye". Motion
D. Council considered adption an ordinance a
a settlementeag eement and release obetweenfthe City of Dentonvand
Washington National Insurance Company,
Council Member Trent asked that the agreement be made public.
City Attorney Drayovitoh stated that the agreement was public. It
was an ordinance which settled a lawsuit between the City of Denton
and Washington National Insurance Company. The lawsuit was filed
alleging a claim of approximately $200,000 and the approved
settlement was for $1750000.
Council Member Trent stated that he was against the settlement, of
the $175,000 which would be recovered, the attorneys fees would be
$58,579. Thus the City would be receiving only $116,000. He felt
that the fees were too high.
The following ordinance was considered:
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Agenda No.
Agenda Item
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City of Denton City Council Minutes
February 18, 1992
Page 14
No. 92-031
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A
SETTLEMENT AGREEMENT AND RELEASE BETWEEN THE CITY OF DENTON
AND WASHINGTON NATIONAL CASUALTY AND DECLARING AN EFFECTIVE
DATE.
Hopkins motioned, chew seconded to adopt the ordinance. On roll
vote, Trent "nay", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
E: The Council considered adoption of an ordinance
authorizing the mayor to execute an amendment to a wholesale water
supply agreement between the City of Denton and the Town of
Corinth, Texas. (The Public Utilities Board recommended approval.)
Bob Nelson, Executive Director for Utilities, stated that Corinth
requested an amendment to their water contract in order to reduce
their annual water demand from Denton. They wanted to install a
well for peak times and use Denton for their base water needs. A
task force of the Public Utilities Board reviewed this issue and
responded affirmatively with certain criteria.
Mayor Pro Tom Hopkins asked if the wells had been dug yet and if
all the previous questions raised had been considered.
Nelson 'replied that the wells were not done yet. Corinth was
waiting for Denton to act on the amendment before they began the
wells. They would proceed with the well in early fall.
The following ordinance was considered:
No. 92-032
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO
A WHOLESALE WATER SUPPLY AGREEMENT BETWEEN THE CITY OF DENTON
AND THE TOWN OF CORINTH, TEXAS; AND PROVIDING AN EFFECTIVE
DATE.
Trent motioned, Alexander seconded to adopt the ordinance. On roll
vote, Trent "ayes', Alexander "aye", Hopkins "aye", Smith "aye",
Chew "nay", Perry "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
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Agenda No. ~Z'oo 9 _
Agenda Item S
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Page 15
8. Resolutions
A. The Council considered approval of a resolution approving
revised city policies regulating smoking and the use of smokeless
tobacco products by City employees.
The following resolution was considered:
No. R92-010
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED
CITY POLICIES REGULATING SMOKING AND THE USE OF SMOKELESS
TOBACCO PRODUCTS BY CITY EMPLOYEES; AND DECLARING AN EFFECTIVE
DATE.
Trent motioned, Perry seconded to approve the resolution. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "nay", Perry "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
B. The council considered approval of a resolution approving
the GTE southwest Extended Area service for the Denton exchange and
authorizing the Mayor to sign all necessary documents.
Jesus Nava, Assistant to the City 'Manager, stated that this item
was present to Council in early January. The proposed resolution
would approve extended area service for the Denton exchange.
The following resolution was considered:
No. k92-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON
APPROVING THE GTE SOUTHWEST EXTENDED AREA SERVICE FOR THE
DENTON EXCHANGE AND AUTHORIZING THE MAYOR TO SIGN ALL
NECESSARY DOCUMENTS.
Trent motioned, Alexander seconded to approve the resolution. On
roll vote, Trent "aye", Alexander "aye", Hopkins "ay6", Smith
( "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
d, Miscellaneous matters from the City Manager.
City Manager Harrell did not have any items for the council.
10. There was no official action on Executive session items
discussed during the Work Session.
l
I,
Agenda No, i~ 41 - C D C
Agenda Ilem
City of Denton City Council Minutes bale J'
February 18, 1992 Page 16
11. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Trent felt that the access roads along 135
were extremely dirty and suggested the City street sweeper clean
the area.
B. Council Member Trent stated that there were still
barricades on Dallas Drive from the beautification project and
asked that they be removed.
Lloyd Harrell, City Manager, stated that the Dallas Drive project
was a State Highway project and their contractor. They would be
contacted to remove the barricades. He also stated that the access
roads were the responsibility of the State and suggested first
trying to get the State to clean the area instead of the City doing
it. In the past, whenever the City did a State responsibility, it
seemed that the State would not do it again. He suggested
contacting the state first and if nothing was done, then have the
City do the work.
12. The Council convened into the Work Session to discuss legal
matters (considered action in Texas Was
Denton and considered action in listie anaCitvnt yk Ci- t
(discussed potential acquisition of land for recreational
facilities) and personnel/board appointments
appointments to the Building Code Board, Cable T. V. (considered
Board, the Plumbing and Mechanical Code Board and the Airport
Advisory Board and consulted with the Municipal Judge regarding
goals and objectives for 1992.
The Council reconvened into open session and took the following
action:
A. Hopkins motioned, Perry seconded to appoint Jim Risser to
the Airport Advisory Board. On roll vote, Trent "aye", Alexander
"aye", Hopkins "aye", Smith +tayeu, chew "aye°, Perry "aye", and
Mayor Castleberry "aye'. Motion carried unanimously.
With no further business, the meeting was adjourned.
BOB CASTLEBERRY, MAYOR JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS ACC00048
ii
Agenda No.
'lomS L
Agenda
W10 _SJ~: 7- qZ,
CITY OF DENTON CITY COUNCIL MINUTES
FEBRUARY 25, 1992
The Council convened into the Special Call Session at 6:00 p.m. in
the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Chew, Perry, Smith and Trent.
ABSENT: Council Member Alexander
1. The Council convened into the Executive Session to discuss
legal matters, real estate (considered leases with Cooke County
College and Morrison Milling Company), and personnel/board
appointments.
Council Member Alexander arrived during the Executive Session
discussion.
2. The Council received a report and held a discussion regarding
Section 9 Federal Transit Administration Financial Assistance.
Ca•:herine Tuck, Administrative Assistant, stated that in order to
insure that SPAN did not have a gap in funding during the
transition from Section 18 to Section 9 funds, an application
needed to be received by the FTA by April 1, 1992. In order to
receive section 9 VTA funds, tho NCTCOG's 1992 Transportation
Improvement Program needed to be amended to include Denton's
program for 1992-93. In the next few months, a five year
comprehensive plan would be presented to Council. In Section 9
there was more money available for allocation. The City was
requesting $363,318 for a 12 month period as well as an additional
pro-rated amount for the thirteenth month. The funding request
included three new lift-equipped, 12-passenger vans for elderly and
handicapped transit and new, larger signs for the public trolley
system. .A fifth trolley route will be started. Elderly persons
and persons with disabilities would also be eligible for half price
fares on the trolley system. SPAN and the City would also be
looking at a pass system on the public routes, with possible
reduced rates for frequent riders. SPAN also expected to receive
a bus and a trolley from an earlier Section 18 grant. New maps
would be printed and distributed during the 1992-93 fiscal year.
SPAN was predicting a ridership increase of 25% with the new route,
a 10$ increase for handicap riders, and a 10% increase in elderly
ridership. Letters had been sent to the private transportation
providers such as the taxi companies to insure they had a clear
understanding of what was being proposed. A public hearing would
be held on March 5 to receive public input on the plan. The best
aspect of the funding was that there would be an increase in the
funding without an increase in the City's contribution.
3. The Council received a report and held a discussion regarding
an update on the Upper Trinity Regional Water District contracts
and gave staff direction.
Agenda No, -e) 0
Agenda Ilem!~s Lam,,
City of Denton City Council Minutes 0,110 -,S-
February 25, 1992 ~ rl
Page 2
Bob Nelson, Executive Director for Utilities, introduced two
members of the Board of Directors for the Upper Trinity Regional
Water District, Al Utesch representing unincorporated county areas
and Tom Harpool representing the City of Aubrey. Nelson was asking
for Council direction to separate three aspects of the proposed
contracts. There was the raw water contract which proposed selling
water on an interim temporary basis out of the Ray Roberts and
Lewisville water rights. That water would be sold when it was
available as the District needed it. It would be sold for 80% of
the market price which was Dallas' wholesale raw water cost. The
contract for the treated water service had been divided into two
contracts - an interim time frame from now until the next plant was
built and from that time beyond. A document had been sent to the
UTRWD offering them an interim contract from now until the Ray
Roberts Water Plant was built with average production cost pricing.
Future options were for specific blocks of water with the price at
average price of production system with return of investment. The
UTRWD countered with a more generic contract which included an
interim phase from now until when the water plant was built with
options for additional capacity once the plant was built out of the
average system. Pricing was still an area for negotiation. The
long term portion of the contract consisted of options for future
blocks of water treatment capacity but with a guaranteF3
opportunity to exercise future options. Staff had some concerns
about the long term phase of the contracts, especially the
obligations and the pricing concepts. Staff was suggesting
completing the raw water contract and the interim water contract.
The two entities then could continue to work on the long-term water
contract.
Lloyd Harrell, City manager, stated that as the negotiating team
went through the process, there was a conclusion that the long term
contract was very complicated and that the two sides were far apart
on the arrangement. The short term option, where the City had some
excess capacity which could be made available to the District, was
close to agreement, It might be necessary with the long term
contract on whether the UTRWD became a wholesale customer, to
present the proposal to the UTRWD and have the UTRWD judge if they
wanted to become involved.
Mayor Pro Tem Hopkins was in agreement with the track staff was on
and wanted to see the contracts go back to the Public Utilities
Board for discussion and wanted to review those discussions before
she made too many comments. She was comfortable with the short
term contract.
Mayor Castleberry suggested the discussion center on the interim
contr&ct.
;i
Agenda No. "DD t
l,aenda Item-
city of Denton City Council Minutes
February 25, 1992
Page 3
Nelson indicated that the raw water contract was not necessarily
short term. It would be raw water for whatever the city had form
length of time. The District could buy it or not for $.80.
area which staff would like tied to the contract was right of first
1 refusal. The District would sbuy the water from Denton before they
would buy it from anyone el
Utesch stated that the District currently had a contract with the
City of Dallas for raw water. The contract took care of the
District's needs through 2010-2020, He tinthat the terim period i
go to the
going built its own plant and that the
District ct was the period between now and the time their new plant
was completed.
than one Hopkins would ndcabe onig wngld be a more defined time
ra~or Pro
Utesch replied yes.
Mayor Castleberry asked about the 80%.
sand
Nelson replied that Dallas presently extet chargea $.47 perfromuthat
gallons for raw water. Eighty p discount
figure. The idea was that the City would not be guaranteeing any
firm supply. The City would not go out and obtain new raw supplies
to be sure that there would always be water for that purpose.
District needed to make other arrangements £oz their long term
needs. The City was merely selling surplus actuation itytdid
arrangement
counted. a and
not want
was why hy
Council Member Trent questioned the rates.
Nelson replied that there were three components of the prices - the
raw water, the capacity cost and the variable costs. capacity
and
costs were the fixed costs such as capital g as price s $.55 and
transmission costs. The UTRWD was Bugg
the City was suggesting a cost of $1.00 for this cost. The
variable costs included che;':icals, electricity for pumping and was
approximately $.35 - $.40.
Mayor Castleberry back from a large contract would locate in Denton,
could the city pull able
back
with yearn The District`alre dy had a contra ct ull with the CityioftDallas.
Y
Council Member Trent asked for the downside of the con'~X act.
Agenda No, d
Agenda Ilem_
City of Denton City Council Minutes Date
February 25, 1992
Page 4
Nelson replied the only downside he could see was that the City
would not be receiving full price for the water.
Mayor Castleberry asked how the raw water contract would affect the
City of Denton customers.
Nelson replied it would save them approximately 2-41.
Consensus of the Council was to proceed with the raw water
contract.
The council then discussed the treated short term contract.
Nelson stated that the contract would be a.five or six year initial
period with a firm option for twelve months, a guaranteed minimum.
Pricing was the main concern as to whether to use a surplus
capacity or not.
Mayor Castleberry stated that if the water were sold a half price,
it would co to the Denton rate payers.
Nelson replied that it was not quite half, probably a little more
than half.
Mayor Castleberry asked if the price charged to the [JTRWD would be
less than what was charged Denton citizens,
Nelson replied no that the capital costs would be substantial. The
District would be buying production costs from Denton and would
have t.s get their own transmission system and distribution.
Mayor Castleberry stated that he did not want to see some other
city in the District paying a lower rate than Denton residents.
Uteseh stated that there would be additional costs to the District
in pipeline needed to be built to customers <,nd wholesale to the
customers.
Council Member Perry stated that the surplus was an amount which
the city would not be able to sell to its customers.
Nelson replied yes that the City did not have enough customers at
present to sell all of its water.
Council continued discussion regarding growth potential, the
present contracts with Corinth and Lake Cities Municipal District,
a possible pipeline up 135 to Sanger.
is
i~
Agenda Ne. _ 'a0
Agenda Item S
City of Denton City council Minutes (kte W /7 9Z
February 25, 1992
Page 5
Mayor Castleberry stated that the consensus of the Council seemed
to be that the Council was interested in the raw water and treated
water contract with the possibility of exploring a pipeline up 135
towards Sanger.
4. The Council considered an appointment to the Cable T.V.
Advisory Board.
Perry motioned, Alexander seconded to appoint Richard Rodean to the
Board. on roll vote, Trent "aye", Alexander "aye", Hopkins "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
5. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, stated that he had one item which was
a reminder for the council to turn in their budget questionnaires.
6. The Council convened into the Executive Session to discuss
personnel/board appointments (considered appointments to the
Building Code Board and the Plumbing and Mechanical Code Board, and
consulted with the City Manager, city Attorney, and Municipal Judge
regarding goals and objectivea for 1992 for the Municipal Court).
7. The Council convened in open session and took the following
action on Executive Session items:
A. Perry motioned, Alexander seconded to change the
appointment of Terry Schertz from an alternate member of the
Electrical Code Board to a regular member. On roll vote, Trent
"aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry flays". Motion carried
unanimously.
With no further business, the meeting was adjourned.
BOB'CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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Agenda No. ~~~tG~
Agenda Itern _SL_d~
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CITY COUNCIL REPORT FORMAT Date
TO: Mayor and Members of the City Council
FROM, Lloyd V. Harrell, City Manager
SUBJECT, Approval of a tax refund to Jean F, Bly
RECOMMENDATION:
The Tax Department has mailed an Overpayment Letter and an Application
for Refund to the taxpayer. All completed forms and necessary documenta-
tion have been returned, requesting this refund, which the Tax Technician
recommends.
SUMMARY:
Chapter 31.11 of the Texas Property Tax Code requires the approval of
the governing body of the taxing unit Tor refunds in excess of $ 500.00.
Mrs. Bl.y has requested a refund in the amount of $ 1,541,99 because
she paid this, tax twice on account # 034995.
BACKGROUND:
Homer Bly made a payment of $ 1,541.99 on December 31, 1,991 from a
commercial account.. ~Irs. Bl,y made a payment of ~ 1,541.99 on December
31, 1991 on a personal account. A tax refund is due.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of Homer B. Bly
FISCAL IMPACT:
$ 1,541.99
RESP FULL S ~1TT} D:
Li y Iarreil
City Manager
Prepared by.
" ,c RJ
Tame Vin Schneider
Title Tax Technician
Approved:
ame HaWr~
ferson
Title Tr r2633C/3
etch Propwly Tarr Board APPLICATION FOR TAX REFUND`` anda No. -'DD
•
Refund Applkatlan g1.11 µ/IZ)
Agorida Itteem_ ~ >s G,
Collecting Office Name,. " bate ` 2 '
z <<
Collecting Tax For.
lax ng nits)
Address
City, State, Zip Code
In order to apply for a tax refund, the following information must be provided by the taxpayer, -
IDENTIFICATIO OF PROPERTY WNER:
Name;
Address: O Z-L LI-
7-6AJ, '7--A Z6
Telephone Number (If additional Informatlon Is needed);
IDENTIFICATION OF PROPERTY: }
Description of Property; 6 99G ~i ,2e?,}~T 'T7 ~C,s Q, X93
Address or Location of Property;
Account Number of Property; 99s or Tax Receipt Number:
INFORMATION ON PAYMENT OF TAXER:
Name of Taxing Unlt Year for Amount of
From Which Refund Which Refund Date of the Amount of Tax Refund
Is Requested Is Requested Tax Payment Taxes Paid Requested
2. Irv n4 19 30 / 19 21 $ $ 3. 19 / 19 _ $ _ $
Taxpayer's reason for refund (attach supporting documentation): AX A4 keA 60D 7 AL% 7 WO-5
/4) ~~RO e /~QS Z4V is 6 4u_g s~ /,vy .?fF4( NZ7
"f hereby apply for Me refund of the abovedescribed taxesand certify that the information I have given on thisform
Is true and correct."
Slgn lureDate of Application for Tax Refund
DETERMINATION FOR TAX REFUND: Approval Disapproval
/
Signature of Authorized Officer Date
Signature of Presiding Officer(s) of Taxing Dots
Unit(s) for refund applications over $500
Any person who mAes a lot" O MI upon lw krog ping record shall be sub)scl to one of fM Wowing tsena §w 1, Irnprtsoemsnt of
not more then 10 years nor lose than 2 years sod/or a One of not more dean $5,000 or both such One and
Imprisonment; 2, conOnernsnt In IsO for a term up to 1 ysm or a One not to exceed $2,000 w both wah Ono end ImprNa►ment sssM
loft In Section 37,10, Penal Code,
REPO N0: 1 t.t t
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11
Agenda No.
Agenda 11
MR, OR MR3. HOMER J, ELy
2106 HOLLY HILL 126
De;drorv, Tx 7e20e
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AAY TO THE
.,ORDER OF
FIRST STATE IIIIIANKwoemm
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ACCOUNT NO* RECEIPT ND• NAME ADOOESS APCONT S1A1LS OF PAYMENT
event+nnenn 91.11 ,eR-IU waenv n r
3499500 90 0 9 ~Q 5~*q6^4270 BLY >DMEIs@ V N .a.E.4l
/Oi70T~31fCB~'t7'FE~ ST€Y~T N L U 5 • Y P F AT
02006600000-93/ 4/p8 ,0490-- PLAIT.--ROSE-MARIE _ b_JiLtILSi- - a
03969100000 91/4/09-0968 SIMMONS, OARTUMN M kICKCPY ^1~2 j" " -
0236010000 91!04/10-0161 EMERSCN• RICHARD D OCLF C1 4111, CVEPPPV
03192300000 91/04/10-0185 SCHAPER9 ANTHCNY ! LA PALCMA OF CVERPAY
00100000000- 91/04.410+0190 - FRADY•-"VELMA EMErY_ST.------
02087400000
91/04/90-p199 SCHUELER. PAUL E M HICKCRY •I 0.01 CVERPAY
11496400000 91/04/10-0204 GUTHRIE• JANICE L E YIND30R $1 0.01 CVEFFAY
030038p000000 91/04/10-0210 SUFFRON• PAUL P PISIYYCOD LN 00.01 [C[VYYEEEAP~eFe/~AY
ma---029954 0289000 91ro4/10~-p0229 LOTTR .C
. JOHN A [VE11FAM~-~--
OB 20 0 91/04/10-0230 STARRETTs ROBERT M FAISLEY S1 • l CV1004V
03239300000 91/04/10-0231 REED, STANLEY ELU24100 CIO 401 CVERPAY
-.--10420600000-91/04110-0349--OAYE• AJIT _..PARN310e01 CVel1E
02948400000 91/04110-0357 S1E%NEL• MICHAEL L PCCKMCCO LN 486493 CVERPAY
12053800000 91/04/15-0132 KENNEY• LARRY G FCORESIVIDGE O O.Ot CVEPfAV
02613800000 91/04111-0021 SIMS. MARTHA G SARAH SRONSTAD MALCAE 91 134.30 CVEPFAV
6706 O_D1<011.31=DOW-_._G- E._ME02CAL-SyySTEYS. - - _.L-3Il
9 2798 0 00 91/04/23-0181 THE VTLLAOE LAUNOOY M UN--
OS3070 0 0 91/04/24-0066 GRAY, ETHEL MOODS OUNC~N ST 10040 YEO>•AY
029278000 0 91/04127-0177 AMSUEHL• STEVEN 0 N SELL AVG JBS•M4 CVEPPIY
_:___.4120 9100 00 0..91 10 4/2 1-Oy44_.SM1TM•..MARY_L"_._-._. _ -_-LiESCt►T._iL-~__ -13JErlI tV2RPAY
0206GE00000 81/04/31-0690 ChISM. JOE A - BERNAFO ST 0032 CVERFAY
03224000000 91/05;03-0117 BURROUGHS• MARK A SKVLAFN OF 2019 CVEFFAY
02853200000 91/05/03-0272 ST ANDREWS CHUPCH 400 CHRIST MADDOK $1 96.E2 CVEFFAY
9047268Qp4q.-41 10 5144-0 I.2__F jA$T~ilBpµ lAR .EANX-F_Sa_ -
1107140S8f0 9146/04-01!14 SOUTNMEST PED SAVINGS EVERS'fR1fY • ~(yy
1476290 0 91/06104-0193 AUCUILAR9 CLEAN E BROOMLAME V 9+./ -•CYEER AY
/475310000 91106104-0194 LIU• CALEB C K BRODMLAM! Y 94040 CVEMPAY
14160440044 -914004-0195 BANAMCM•_pOMULO..._..__
14736000000 91106/04-0196 IRVING• STEPHEN S MESIVIEM 19 6E9964 CVEFFAY
11151200000 91/05/04-0197 OIIONC-OBASEKi9 RCSALINE CPESTMEAGCV ST 90.09 CVEFFAY
11071200000 91107/04-0218 MCCLAIN. JUDITH A ASNCRCFT LP 329.79 CVERPAY
60 91 46-OeROS1L1k5_851DGE_.9AbK_EL_A _
6212 009 91 6/ 6-0279 WILLIAMS* W E JA AT'00 13 S. +
;1/299171120000000 91/05/F8-6286 MILLIAMS• Y f JR :2 it • CVERPAY
02~OQ 91 4 6/ 5-0326 JOHANSEN• BETTY A LLCMEST OT e~l CVERPAY
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03385400000 9%/08/06-0464 RAYZOR INV LTD M UNIVERSI1Y D 0a.60 CVERPAY
03387100000 91105/08-0476 RAYZOF iNV LTD 1 UNIVERSITY D f:00 CV£PFFY
03670400000 91 /35/06-0484 RAYZOR INV LTC
~40i9000d0Q X14-6/45.~pB-ACME-.AULT.SONS-.IYC-.-~.__
of L
([3774100000 91/00/05-0609 ACME AUCTION INC DENT ON Allptli
94108001000 9110!/11-0003 LlMIS• T90MV be ATTY E PCMINNEY 81
.1 OVER IY
0 19060 000 91/05/11-0013 ADAMS. JOHN N NEFF S1 80100 CVERPAY
4 441 6 400 00 0-91/0 0/14-40 9 1... L3NDOWST•--LVLE__.. _._....__-...._..6.68_..CVEBP Y_____---.------____--
,L 02761000COO 91,05/14-0019 JONESi ANNIE J• FUTH 51 0001 CVCPFIY
f 030639000n0 91106/14-0020 HARRIS. JACK C MILL FCNO ST 0,41 CVERPAY
02705300000 91 46/I7-0014 SHORT FAMILY P/S FALLMEAOCM ST 20444 CVEPPAV
44700000-9L/4011e-0004-----HILDREIH•..-EOOIE-JA __-_YAOiAb_RIO4L~ -OaLS CVERPAY _
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CITY COUNCIL REPORT FORMAT We-Z ~
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Approval of a tax refund to Epic Healthcare Group
RECOMMENDATION:
e ax Department has mailed an Overpayment letter and an Application
for Refund to the taxpayer. All completed forms and necessary documenta-
tion have been returned, requesting this refund, which the Tax Technician
recommends,
SUMMARY:
Chapter 31,11. of the 'texas Property Tax Code requires the approval of
the governing body of the taxing unit for refunds in excess of $ 500,00,
Epic Healthcare Group has requested a refund in the amount of $ 80635,28
because they overpaid G,E, Medical Systems account # 908708 in error.
BACKGROUND:
Rosemont 8s Associates paid the taxes on December 20, 1991 and Epic
Healthcare Group also paid the taxes on January 21, 1992.in error.
A tax refund is due,
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of G.E. Medical Systems
FISCAL IMPACT:
$ 8,635,28
RESPE ULLY SUB. T
y Harrell
City Manager
Prepared by:
ame Vic Schneider
Title Tax Technician
Approved:
ame ar ors
Title T r r
2633C/3
11
it
1
x.42
State Property Tax eoerd APPLICATION FOR TAX REFUND r~-
Refund Applketloe 31,11(1/42)
ANonda No.
Agonda atom
Collecting Office Name ' • r
Collecting Tax For
(Taxing Units)
Address
City, State, Zip Code
- - - - - - - - - - - - - - - - -
In order to apply for a tax refund, the following Information must be provided by the taxpayer.
IDENTIFICATION OF PROPERTY OWNER,
Name: Ct S Zrm 4z
Address' , Sso P 0~( ZQ~/S ry A2 "S/~
Telephone Number (if additional Information Is needed);
IDENTIFICATION OF PROPERTY,
Description of Property; - Lc.2 _ ~/Q~ /Y1aari(e
Address or Location of Property:
Account Number of Property: T or Tax Receipt Number:
INFORMATION ON PAYMENT OF TAXES,
Name of Taxing Unit Year for Amount of
From Which Refund Which Refund Date of the Amount of Tax Rotund
Is Requested Is Requested Tax Payment Taxes Paid Requested
J~ 19 /19 $
2, ~ 0 19 4-0- ~ / 18 S 347 g,8--
3. 19 /,9~ln1 $ _ S
Taxpayer's reason for refund (attach supporting documentation); `1// ~Cl~a er~/aEY
Y T7~rt~ [ rr 0 YPi-;t7aV
&a e-,,? f
" here apply for the refund of the abovedmNbed taxM and certify that the Informaton I have given on thIsform
f tru nd por
X r S
J k ) Q
Sip ature -3 L.ec- Pk Date of ppii adon for Tax Refund
---------------------------Q&-e2 -e24-
DETERMINATION FOR TAX REFUND, Approval Disapproval
Signature of Authorized Officer Date
Signature of Presiding Officer(s) of Taxing Oale
Unit(s) for refund applications over 5500
Any person whom"" a lobe entry upon the foregoing record shah be subject 10 one of the Wowing penMdee; 1. Imprleomne-ii of
not more then 10 yarn nor lees than 2 years and/or a floe of mall more than $5,000 or bath such Ilse cmd
Imprlsonmeny 2, oenflnemeni In jog for a'asm up to 1 year of a One not to exceed $6,000 or both such OM and Imprisonment as cot
forth In Section $7,10, Penal Code.
AEFUhQ 3111
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REPORT F19R05D4t 03I06192 AT 18148 NAME V E R P A-Y M E N T S-AD ADDRESS AMOUNT STATUS OF PAYMENT
ACCOU/•T NO* RECEIPT NO. LA PALCNA OR Beet CVERFAr--
6.86 CVERPAV
03192300000 9l/5411Q-0180 SCHAFER. ANTMCNY E KERN 11 ERN ST ST 0.01 OVERPAY
02100500000 91 /04/1v-0196 FRADY. VELMA E WINDSOR ST 0.01 CVERPAV
02087400000 91/04/10-0199 S011JELER. PAUL E VERPAY-
KISfrMe,7b-LN -
AV
ICE
11496960000 91/04/t0-0200 GUIHRtE. JAN ULIt L 66..086 6 OVER VERPPAY
-030838 000 91/04110-0215 pHtPPS9 MARK CR BRADLEY 8T 0.01 OVERPAY
02194400000 91/04/10 0225 PAISLEY ST
---0.Ot EVERPAV-
03092000000 91/04/10-0229 LOTT. JOHN R _ ..eLUE4IP0-CiR -
08629000000 91/04/ 0-0230 STARRETT. ROBERT Y pARKSIDE D+Y 67!.76 CVERPAV
03219700000 91/04/0-02]4 RBEDo STAIILEV RCCKWCLO LS 486.6: CVERPAV
L0426 00000 91100//0-0349 DAVE, AJ[MICHAEL L FORRESIPIOGE D 0.06 CVERPAV _
02948400000 91/04/10-0757 STEINE* ....M..r_ar--- -
L-ASARA 120538000AD 91/04/15••0132 KENNEV LARRY G TAIL. I-38 15,28 OVIKFAV '
- 9087 8000 0 9 /04/ZI 094 -G E MEDICAL SYSTEMS 106.48 OVERPAY
DUNCAH ST v -
_..-338.-EVERPAY
EN 0 CRESCENT 5T 2690..037 0,32 OVECVERPAY
033070o0000 91/04/24-0065 GRAY. ETHEL WOOD N FELL AVE
RPAY
02927600000 91/04/27-0317 MITH STEVEN 0 RERNAPO ST 2.72 CVERPAY
02209100000 91/04/27-0344 SMITH* MARY L SKYLARK OR '
0 91/04/31-0690 CHLSM. JOE A _ _ ________-_--}►Arp00%-si- 389.86 CVERPAY
2066500000 _
03224000000 91/03/03-0117 BURROUGHS. NARK A EVlAS P%W 9440 CVERPAY
- .02053200000 l1/Ob/63-027! By ANORlMS--EMURCVINGS CIMiST 4ROOKLAKE Y
11071900600 91/00/04-0164 SOUTHWEST FED SAVNGS SMOOKLAKE W 94.40 .yt1-t OVERPAY rMrAr---
14742900000 9105/04-0193 A1JGUtLAR• GLENN E 86 CVERPAY
I1L4747513100200000000 91 9i/0/03/045/04--00219497 L OTIIU• CALEB C K WESTVIEW TP 68996..09 CVERPAV
-14745600000 91/051114-0195 _.SAMAMCM:-"OWLO.....- CRESTMEAOOW ST 329.79 CVERPAY
14736000000 97/05/04-0196 tRV3NHGONO-.OB A STEPHEK[S EN• SROSALIHE ASHCRCFT Lh 6~ 0-OV~PA _
0
11071200000 91104/04-0218 DEPOSIT- INS 13RIV4E-VANK -N --A
CVERPAV
6062420 STUAM`1' RO -_-p ..50 60 OVERPAY
-__..10524260000000 0 91 91 /04100/04/05--00279 ILL210 WILLIAMS• W E JR STUA8 $It 0.01 OVERPAY - -02770200000 91/07/OS-0206 WILLIAMS• W E JR --SMERMA
too-
ST OVERPAr-__---
02991000000 91/05/06-'0726 WILLIAMS# BETTY A - - MUNIVERSITY D 04CVERPAV
030943587f660000000000 91/915/ 9t/S05-0456 LLA%SW E W UNIVERSITY O 0060 CVERPAY
VERPAV-'
03385400000 91/05//Ob05--0475 0469 RRAY20RAVEOR IINVNV LT LTC 50 O 0.50 CVERPAY
CVERPY
-
03670400000 91/OS/0"48A
1577 4100 .._.~C AUCTIONS' -lIIC - - pENTON AIRPORT 00..0~1 0 OVERP AY
/05/0506609
.9103100 00"0 91 0 91 /08/04 08 E YCKIhMEY ST 00 0 CVERPAV
y -__--ee-ereRPAr----__.
90100000000 91105/11--0003 AADACME S• AUCTION W. INCATTY 't___ Qrpe0` CVERPAV
IWI
1020761496600070000000 9911//003/4/l118-•-00100094 HAOMS•ILDRETHs ANNIE H EOOtE JR - - - MI NEFP LL P ET OND ST 1*69 CVERPAY Final! 03061800000
91/05/14 00120 :15NES3 JACK J•'- INDIAN %O 51 D 0026 CVERPAY
03063900000 91 N4/t4-0020 HARRIS. JACK C -
.._____,~~T~..IT_------------------0.01 O ~
0257t000000 91/05/18-0046 MANN. FRANCES S WF.STFORTWOWOCD R OTHP 0s 0.04 CVERPAY
--02291900600 9t/03/19-Ot97%ATTIa CHRISTOPHER M 4RCKEH ARROW R OVERPAY
41082300000 91/05/19-0190 WHIYESELL. SOWPLM SMEAMAH OR 01..90 24.-CVERPAV---'
90044000000 91/05/20-0024 COLLECTORS SHOWPLACE INC VARIOUS - 27.92 CVERPAV
90110200p0pQ 91/05/21-0002 HOWDY OOOOY 04 W UNIVERSITY D 34.25 CVERPAV
9086Tt0000 a 91/05/21-0003 McWDv VILLAGE INC CORDELL S _-----'-0.01 CVERPAY _
90279200000 91/05/21-0004 THE E VILLAGE LAUNDRY CORDELV AN[A C ~ -
02207900000 91/05/21-0038 STER. WILLIAM G
02N4400000 91/04/21-0068 JEESTER. TOM D JR ETAL
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CITY
~COUNCII
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Agenda No, 01 LOP-9
Agenda Item S C&„„
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVID-
ING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated com-
petitive bids 'Lor the purchase of necessary materials, equipment,
supplies or services in accordance with the procedures of state law
and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the ma-
terials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered
bids for materials, equipment, supplies, or services, shown in the
"Bid Proposals" attached herto, are hereby accepted and approved as
being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
1302 ALL PHYSIO- CONTROL CORP. $24,662.25
1333 ALL BROOKS PRODUCTS $15,200.00
1336 ALL ARROW INDUSTRIES ;124,800.00
1337 1,3,4-7 TEMPLE $360268.25
1337 2 PRIESTER $99205.00
1337 819 CUMMINS $4,515.00
1339 ALI. KAWASAKI OF IRVII7G ¢14,564.00
1340 ALL ARENDALE FORD $120,460,00
SECTION II. That by the acceptance and approval of the above
numbered items of the submitted bids, the City accepts the offer of
the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards, quantities
and for the specified sums contained in the Bid Invitations, Bid
proposals, and related documents.
t
t
~i
i
Agenda No.
AflandaItem s--J
Date J
exnmrpN II7 That should the city and persons submitting ap-
accep e
ncer
proved a g~ w .rittene agreand of ement as auresultd ofl the y enter
int
approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute
the
s the
written contract is in accordance with he terms, conditionsePec
ificatiitt standards, quantities and specified sums contained in
the the Bid Proposal and related documents herein approved and
accepted.
UCTI9N-12• That by the acceptance and approval of the above
numbered items of the submitted bids, the City Council hereby
authorizes the expenditure of funds therefor
to a writt nncaand in
accordance with the approved bids or pursuant made pursuant thereto as authorized herein,
S~'CTION V. That this ordinance shall become effective imme-
diately~ its passage and approal.
1992.
PASSED AND APPROVED this day of
606 CA5TLFBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
,KPPROVED As TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
1
Fi
DATE: MARCH 17, 1992
CITY COUNCIL REPORT Agenda No. _ ya 'D) 9
Agenda Ite+n le•S 5 r;~
TO: Mayor and Members of the City Council We /y
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1302 - ECG MONITOR /T)EFIBRILLATORS
RECOMMENDATION: We recommend this bid be awarded to the lowest bid meeting
specification Physio-Control Corporation Arlington in the amount of $8220.75 per
unit, Total award for three (3) units is $24,862.25.
SUMMARY: This bid is for the purchase of three Electrocardiogram
Monitor/Difibrillators for use by the Firo Department EMS Division. These units will
be asoigned to the frontline amf.ulances. The Life Pak 10 replaces the current Life
Pak 5 units now in use. The Lice Pak 5 units will be reassigned to a back up role on
paramedic engines.
The lower priced unit offered by areas such as (1) number of batteries necessary to
properly power the unit, (2) charger operating on both l1OV and 12V currents, (3)
no momentary ECG freeze control. They would also not be compatible with existing
equipment battery packs, charger etc.
BACKGROUND: Tabulation sheet, Memorandum from James Thompson, Assistant Fire
Chief .
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED• Fire Department EMS Division.
FISCAL IMPACT: These units will be funded from Certificate of Obligation (CO's)
sold for the purpose of purchasing capital equipment and vehicle.
Respeo lly submitted:
*LH arrell
La-'4
ger
Approved;
Name: Tom D, Shaw, C.P.M,
Title: Purchasing Agent
246. DOC
Agenda No. _ 107 4~~
BID 1 1102 ! I ! Agenda Item
I ! fble ~ ~ ~ 7- ~_I /
BID NAmr, ELBCTROCARDIOOPAM I MATRX I PRYBID Maio I y ~j
MONITOR/DIFIBRILLATOR MEDICAL I CONTROL CONTROL !
CORP CORP.
OPEN NOVMER 19, 1991 I ARLINQTON I NASRINOTON
1 ITEM DESCRIPTION VENDOR ! VENDOR VENDOR !
i I I ! I
! ! I I I
1.1 (1) ELECTROCARDIOGRAM ! !
MONITOR/DIRRIBRILLATOR I $7,495.00 /8,220.75 I $8,220.75
! MNVFACMM ! MATRX I PC PC
I MDEL / 9114 ! LP10 LP10 I
I i I I !
I DELIVERY I 15 DAYS 10-60 DAYS ! 30-60 DAYS
! I I l 1
i
E
Agenda~Jp. ` DO
Agenda Item ~S
MEMO 6
TO: Denise Harpool, Assistant Purchasing Agent
FROM: James R. Thomason, Assistant Fire Chief
DATE: November 22, 1991
SUBJECT: ECO MONITOR/DEFIBRILLATOR HID
I recommend purchasing the Physic Control Life-Pak 10 battery
support systems from Physio Control. Physic Control is not the
lower bid but it does comply to all aspects of our bid
specifications.
ent
specifications hbid was s leastifouriareasat they could not meet our 4JRTJ'atesss~RR. you have que tt?ns concerning this purchase, please contact
me.
son
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DATE: MARCH 17, 1992
CITY COUNCIL REPORT Agenda Na,
Agenda Itam_.
TO: Mayor and Members of the City Council late _ r` !z
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1333 - PRECAST MANHOLES
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder,
Brooks Products, in the total amount of $15,200.00.
SUMMARY: This bid is for five {5} precast concrete manholes, to be used by the
Electric Distribution Division In the conversion of Locust & Mulberry Streets from
overhead to underground.
BACKGROUND: Tabulation sheet, Memorandum from George Pool.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution
Division, Electric Utility Customers In that area.
FISCAL IMPACT: Budgeted Funds for 90-91 account # 610-080-0252-C069-9220.
Respec ly submitted:
Ql yd Harrell
City Manager
i2 f
Prepared by:
-f .
i (1nr_
Name: Denise Harpo 1
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
244. DOC
1
DATE: MARCH 17, 11992
CITY COUNCIL REPORT Agenda No. 9_ tea
Agenda Item lt2S ~ 4 .
TO: Mayor and Members of the City Council fate r- 2'
Z' 6L i~
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1333 PRECAST MANHOLES
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder,
Brooks Products, in the total amount of $15,200,00.
SUMMARY: This bid is for fiv3 (5) precast concrete manholes, to be used by the
Electric Distribution Division in the conversion of Locust & Mulberry Streets from
overhead to underground.
BACKGROUND: Tabulation sheet, Memorandum from George Pool.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED. Electric Distribution
Division, Electric Utility Customers in that area.
FISCAL IMPACT: Budgeted Funds for 90-91 account ii 610-080-0252-C069-9220.
Respec ly submitted:
yd V. Harrell
City Manager
Prepared by,
Name: Denise Harpo 1
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P,M.
Title: Purchasing Agent
244, DOC
Al"
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1
. r
31
Agenda No..
DID N 1333 1 I Agenda Item ~S -
Date~
DID MANE PRECAST MANHOLE IEROOXS PRDDVCTSI DALWORTH
I I I
OPEN FEBRUARY 18, 1992 I I I
~ I I
I I ITEM DESCRIPTION VENDOR I VENDOII 1
~I I I I
1.1 PmCAST CCMCRSTE NAMAOLEI $3,20D.00 1 $3,223.00 1
I WITH (2) 36" OPENING I I I
QUANTITY - 3 I I I
1 I I
2.1 PRECAST CONCRETE MANHOLE. $2,800.00 I $2,812.00 1
WITH (1) 3600 OPENING I I
QUANTITY - 2 I
I I i ~
I I I !
~ I I
~ I I I
I I I I
E
1
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PUI,C:' Agenda item 10S 6fi
1992 11F.R I I L 1111: 232 ~/7=
Y Y /1~
CITY of DENTON MUNICIPAL UTILITIES /901 •A Texas Street / Denton, TX 713201
M E M O R A N D 13 M
T0: Denise Harpool, Senior Buyer
FROM: George Pool, Electrical Engineer Associate I
DATE: March 23, 1992
SUBJECT: BID #1333, PRECAST MANHOLE
avaeaaavasaeaavaas=vaaasmn,:.a5aaannnveaaeaamamneavaav~maaazaaamnaaa
The Electrical Engineering Department recommends that this bid be
awarded to the low bidder from Brooks Products for $15,200,
These manholes will be for the Overhead to Underground Conversion
Project on Locust St. and Mulberry St.
If I can be of further assistance please contact me at 7124.
deo ge Pool, Electrical Engineer Associate I
GP:pl
cc: Jim Harder, Director Electric Utilities
Don McLaughlin, Electric Engineer Administrator
03122353.WP
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Agenda No.
Agendaltem ^ S S
`s
Date
DATE: March 17, 1992
CITY COUNCIL. REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1336 - REFUSE BAGS 30 GALLON
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder Arrow
Industries at the price of 2.08 par roll. Estimated ann-ttal expenditure $124,800
based upon 60,000 rolls.
SUMMARY. This bid is for the annual supply of 30 gallon refuse bags. They will
br; ordered as needed for replacement of warehouse stock. Currently we sell bags
City of Denton Solid
Krum ISD, Denton Waste Ivn~partmF,~it, Citizens of Denton, ty, Denton County MHMR, and other of Krum, entities in City
Sanger, he area.
BACKGROUND: Tabulation sheet.
PROGRAMS DEPARTMENT OR GROUPS AFFECTED: Residential Solid Waste,
Warehouse Inventory and Citizens of Denton. will be funded from Working Capital funds
Wa~eh u e (Inventory Purchases contract and recharged to budget accounts as needed. for
RRespe lly `submitted:
.
LLloyd . Harrel
City Manager
Approved:
Name: Tom y D. ShawC.P.M.
Title: Purchasing Agent
1336.DOC
Peends No.
BID ~ 1075 I I I I Uele II~ 'I
I I I I ~
010 NAME REFUSE ZAGS I ARNOW IND. ( EEHIS CO. I AM YTLM I SUNBFI.T' I DYNA-PE
APP INC. PLASTICS
OPEN FEBRUARY 25, 1992
I I I I I I
_____I I _I I_. I~ I
1 1 ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR
I I I I I I I
t•I JO GAL REFUSE GAGS I $2.06 I $2.80 $2.55 I $2.$6 I $2.66
I I I I I I
I MANUFACTURER f ARROW BEMIS I AM FILM I SUNEELT DYNAPX I
I I I I 1 I I
I III OP Lancer how density I I I I I
Polyethylene Reel' I 40 I 50 I JO I 100 I SO
I I I I I I
SAMPLE I IRS I yes I YES I "a I YES
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DATE: MARCH 17, 1992
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council Agonde Item a .
tkto
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1337 - STREETLIGHT HEADS (UJ
RECOMMENDATION: We recommend this bid be awarded to the low bidder for each
item:
VENDOR QTY UNIT PRICE TOTAL PRICE
I. Streetlight Temple 176 $43.14 $70549.50
2. Streetlight Priester 178 $32.60 $9,205.00
3. Streetlight Temple 175 $43.14 $7,649.50
4. Streotlight Temple 26 $76.92 $19923.00
5. Streets ght Templo 176 $78.73 $13,777.75
6. Streetlighk Temple 10 $90.20 $902.00
7. Streetlight Temple 50 $91.33 $4,566.50
8. Lamps Cummins 250 $12.90 $3,225.00
9. Lamps Cummins 100 $12.90 $1,290.00
SUMMARY: This bits is for the replacement of warehouse stock for streetlight heads,
which will be used by the Electric Distribution Division.
BACKGROUND: Tabulation sheet.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Warehouse working capital,
Electric Distribution.
FISCAL IMPACT: Budgeted working capital #710-043-0582-8708.
Respect y submitted-
Ll arrel
City Manager
Prepared by:
Name: Denis Harpool
Title: Senior Buyer
Approved:
Name: Tom-D. Shaw, C.P.M.
Title: Purchasing Agent
242. DOC
036.doc
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~ C>0
Agenda No,
DID I 1337
I I I I Dratel
BID NAME STREEILIONT :[FADS I CUMIINS I TecRL1NS I®S I BTUART I HEBCO_`
f IRBY
OPEN FEBRUARY 25, 1992 I I I I I I
f I I I I 1
I ITEM DESCRIPTION I VENDOR J VENDOR I VENDOR VENDOR 1 VENDOR
-1 I~__I I I I I
! I I f I I I
1.1 BTPSRTLIONTS 175 1 $52.90 1 $54.31 $54.50 1 $44.00 I $45.83
2.1 SMETLI0NT8 175 ! $52.90 ! $54.31 1 $57.50 1 $56.00 $57.88 I
3.1 BTREETLIOHTS 175 1 $46.60 1 $47.63 I $57.50 1 $44.00 1 045.63 1
4.1 STREETLIOHTB 25 I $79.90 1 $86.66 1 $114.95 I $79.00 1 $91.35 I
5.1 ATREE'TLIOHTa 175 I $79.90 $82.10 I $118.95 1 $81.00 1 $83.20
6.1 BTREETLlam 10 ! $108.00 1 $116.33 I $123.00 1 $93.00 1 $97.00 1
7.1 aTREETLIMTS 50 1 $94.40 1 $96.84 1 $123.00 J $94.00 J $98.00 I
8.1 STREETLIORRB 250 1 012.90 1 $16.65 I 1 $14.50 1 $14.75 I
9.1 Swcs away 100 1 $12.90 1 $16.65 ! 1 $15.50 1 $14.75
I ! ! I I I i
I I I I ! ! I
I ADDENDUM I YES I YES 1 YEA 1 YES 1 YES 1
I I I I I I
I I I I I I I
I f I I I I f
BID 1 1337 I I I I I !
I I I I I
BID NAME DTREETLIMT READS 1 TEMPLE I WATSON 1 PRIE9TER 1 0 9 SUPPLY I I
f I ELECTRIC 1 I I I
OPEN FEBRUARY 25, 1992 1 I I 1 1 I
1 1 ITEM DESCRIPTION I VENDOR 1 VENDOR VENDOR 1 VENDOR 1 VENDOR 1
I I I I ! f !
1.1 STRECTLIORTS 175 1 $43.14 1 $43.51 1 $52.60 $56.52 I
2.1 BTREETLIOHTa 175 1 $54.72 1 455.41 1 $52.60 1 $58.89 1 I
3.1 STREETLIONTS 175 I $43.14 1 $43.A1 1 $46.20 1 $56.52 1 I
4.1 aTRESTLIOHTS 25 1 $76.92 1 $77.84 1 $79.50 1 $61.52 1 1
8.1 8TARETLIOHTS L75 1 $76.73 1 $79.64 1 $79.50 1 $127.16 1 1
f 6.1 8TREETLIOHTD 10 1 $90.20 1 $91.35 1 $106.80 $124.99 I
7.1 STREEPLIOHTB 50 ( $91.33 I $92.53 1 $93.80 1 $130.42 1 f
8.1 STREEILIOHTS 280 1 $15.94 I $15.98 1 $14.40 1 $13.69 1 I
9.1 STREEFLIOMTB 100 1 $14.75 1 $15.98 $15.25 I $14.02 I I
I I I ! I I I
f ! I I I I I
I ADDENDUM I I YEA I YEA YES 1
I I I ! ! I I
I f I I I I I
Ej
DATE: March 17, 1992
~ vd
CITY COUNCIL REPORT kenda No. ~a
Agentla Item
TO: Mayor and Members of the City Council Data
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1339 POLICE MOTORCYCLES
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting
pecificatinn Kawasaki of Irving in the amount of $728200 each, Total bid award is
$14,664,00.
SU04ARY: This bid is for the purchase of two specially equipped motorcycles
designed for Police use, The units will be assigned to a special branch of the Traffic
Enforcement section of the Police Department,
Additional estimated
unit $22 800 for both
00 per unit bringing the packaged cost to approximately
units fully equipped and operation.
BACK(IROUND: Tabulation Sheet,
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Traffic enforcements) Police
Department. l come
from FISCAL IMPACT. Funds for this expenditure
total nulmber of poll Obliation
sold or equipment acquisitions
replacement This trade off will rtwo uts and the esult in a funds utilized to purnhase
of approximately $1292.00. the
motorcycles
lo ubmitte
l
*uHarre
A proved,
N ame: Tom D, Shaw,µC,P.M.
Title: Purchasing Agent
1337. DOC
is
i
~y
Agenda No. 9~ - 0 a
DID 0 1339 I I Agenda I(em, ~S 64
1 I Dal - / y Z
I I I
DID NAME POLICE MO1oRCYCL$B~ACTION IMPORTS I RAwASAR1 I HARLBY_ I MARLIy_
OF WIND DAVIDSON DAVIDSON D
OPeH MARCH 31 1992 I I f OF MUS 1 OF DALLAS !
I I I-
ITEM 0$OCAIPT10N I VENDOR I VEtIDOR I VBNDOA I VENDOR 1
_I I I J I
I I I I I I
1.1 2 POLICE MOTORCYCLES I $7,295.00 1 $7,282.00 ! $0,776.00 1 $7.601.00 I
1 ! (EACH) 1 ($ACH) 1 (EACH) ! ($ACH) 1
MMFAMVRER KAWASAXI 1 RANABARI I I
I I UAAG$Y ~ tUAL$Y 1
DELIV$hY 1 30 DAYS 1 60 DAYS 1 I 1
1 I I i 90 DAYS 1 90 bAYB 1
I I I I j I
I 1 ~ 1 I ~
I
DATE: MARCH 17, 1992
CITY COUNCIL REPORT
Nonda No...
Agenda Item
TO: Mayor and Members of the City Council D.iIo
FROM: Lloyd V. Harrell, City Manager `J
SUBJECT: BID #1340 - POLICE SEDANS
RECOMMENDATION: We recommend this bid be awarded to the loweet bidder, Ted
Aredale Ford in the amount of $12,048.00 per unit, Total award for 10 units is
$120,460.00.
SUMMARY: This bid is for the purchase of ten (10) sedens specially equipped for
Polico patrol activities. They will be motorpool replacements for ten (10) older
"pool" cars. The units being replaced are 19880 1987 and 1988 model automobtles
with average mileage of over 60,000 miles and average maintenance cost of $6760 per
unit. Sixty thousand road miles on a police cruiser Is equivalent to over 100,000
miles on a normal use vehicle.
The new units will be assigned to speciflu officers and their current vehicles will be
assigned to the patrol "pool".
The ten (10) units being replaced will be reviewed for possible reassignment to
lighter duty. Those units not reassigned will be sold at public auction.
BACKGROUND: Tabulation sheet.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Motor Pool Fleet Operations
and Police Department.
FISCAL IMPACT: These vel,ioles will be funded from Certificates of Obligation sold
orthe rpose of vehicle and equipment capital expenditures.
Pospec ully submitted:
lc d Harrell
City Manager
A proved:
?lame: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
245.DOC
036.doe
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Agenda No..
BID 1 1340 I I I Agenda Item_ !eS 6,19
I I I I f~i~ 2
BID NAM POLICE SEDAN J~_' lz I BTLL UITU I /
IfUDItlI]NO I HUFPItBB I AMMALE I PRISTIOE
I FORD I eR84ROLiT I CBRVROLET I poRO BALES I POND
OPEN MARCH 10, 1992 I I
_I _I I I 1
I sue ozacRlPTIaH I VENDOR I I I I
-I VENDOR I V6H^oR I VENDOR I VENDOR
I I I I I
1,1 POUR (1) DOOR SEDAN ' $12,249,00 f 112,572.00 I $12,700,00 I 112,016.00
I I I 112,138,00 I
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Gale
ORDINANCE NO.
FOR THE
AN CORDINANCE ACCEPTING ONTRACT FOR PUBLIC OWORKS T OR MPROVEMENTSII PROVIDI G AWARD
OF
EXPENDITURE OF FUNDS THEREFOR) AND PROVIDING FOR AN EFFECTIVE DATE.
and WHEREAS, the city has solicited, ubliav works oraimprovemants
petitive bids for the construction of p
in accordance with the procedures of suite law and City ordinances;
and
WHEREAS, the city Manager or a designated employee has receiv-
ended that the herein described bids rworks orwimed and recomm bids for the constructiotation, n of the public-
responsible bid proposals and plans
provemnts described in the ;bid in vi EFORE NOW, THER
and specifications
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
That the following competitive bids for the con~-
structi n of public works or improvements, as described in the "Bid
" "Bid Proposals" or plans and specifications on file
in the Office of the City o the
Invitations 's Purchasing Agent filed according as the assined hereto ' are ing the lowest responsible bidshezeby accepted and app
uYn_~ xt;MB_ER
FRONTIER WATERPROOFING $449457.00
1335
~T7Q II That the acceptance and approval of the above
city
citc
competitiv shall and the pee soondsubmittingtthenbidtfor construction eof suchhpu
and the roved, until such
works or improvements herein ac ipted in the Notice
person shall comply with all r ex
to Bidders including the timely ex ent bonds, after of of a furnishing of performance and paym
the award of the bid.
ax TjQ II1. That the City Manager is hereby authorized to
executoto alaessary written contract
rovemerts i n ae ordaneefwith
construction of the publico oorks on pprovided that such contracts
the bids accepted and app and
to specifying t Bid Propo -
are made in accordance with the Notice to Bidders
the terms, condi-
als, and documents relating
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agenda No, 7-.1 ~ n~
Agonda Item A24
tions, plans and specifications, standards, quantities and speci-
fied sums containcid therein.
a"C OWN I . That upon acceptance and approval of the above
competitive bids and the execution of contracts for the public
works and improvements as authorized herein, the City Council here-
by authorizes the expenditure of funds in the manner and in the
amount as specified in such approved bids and authorized contracts
executed pursuant thereto.
SECTIQH V. That this ordinance shall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the day of 1992..
r
BOB CASTLEBERRY, MAYOR
ATTESTi
JENNIFER WPLTERS, CITY SECRETARY
BY.,
APPROVED AS TO LEGAL FORM]
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BYs
Y~
.l
DATE: MARCH 17, 1992
CITY COUNCIL REPORT Agenda No, , la " f 4
Aaanda ltem- ZLSS
TO. Mayor and Members of the City Council Date 0 -/I- L_
FROM., Lloyd V. Harrell, City Manager a`/y
SUBJECT: BID #1335 - PAINT/SEAL EXTERIOR OF SERVICE CENTER BUILDING
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder,
Frontier Waterproofing, in the amount of $44,457.00,
SUMMARY: This bid is for all materials and labor necessary to strip the old paint
from the Service Center Building exterior and replace it with a waterproof
elastomerie coating. This bid will also include recaulking and painting all trim on the
building.
BACKGROUND: Tabulation sheet.
PROGRAMS DEPARTP!,kNTS OR GROUPS AFFECTED: Utility Administration,
mployees working ;n the Service Center,
FISCAL IMPACT: Budgeted funds for 91-92 account #810-080-0252-8301
Rasps Ily submitted;
4dLI ,
arrell
City Manager
Prepared by;
NHarpool
Title: Senior Buyer
Approved:
Name; Tom DD.. ~Shaw
Title; Purchasing Agent
243, DOC
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Agenda No.
RIO a 1135 I I Agenda km-
BID NAME PAINT/BBAL B%TBRIOR! BOMB PAINT I MNTIBR I
OP BBXVICX CMMR I CO. WATWRO0PIN0 I
OPEN PXBRVARY 25, 1993 I I I
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s I ITEM ONSCVIPTION VENDOR I VENDOR vs),WR
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1.1 TOTAL BID I s1<,9z3.00 s3A,uz.DO I
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2.1 WIT PRICE TO CUT OW ANDI $1.00 I $2.00 I
RBCAVLX PANDL JT PBR LP I !
I I I I
RID BOND I YBB I YES
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Agenda No. o~'UD
Agenda Item
Dase 3 17 -
1__V
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORD-
ANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, state law and ordinance require that certain contracts
requiring an expenditure or payment by the City in an amount ex-
ceeding $10,000 be by competitive bids, except in the case of pub-
lie calamity where it becomes necessary to act at once to appro-
priate money to relieve the necessity of the citizens, or to pre-
serve the property of the city, or it is necessary to protect the
public health of the citizens of the city, or in case of unforeseen
damage to public property, machinery or equipment; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION-1. That the City Council hereby determines that there
is a public calamity that makes it necessary to act at once to ap-
propriate money to relieve the necessity of the citizens, or to
preserve the property of the city, or to protect the public health
of the citizens of the city, or to provide for unforseen damage to
public property, machiery or equipment, and by reason thereof, the
following emergency purchases of materials, equipment, supplies or
services, as described in the "Purchase Orders" attached hereto,
are hereby approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
23032 NORTu AMERICAN TRANSFORMER *26,36700
SECTION II. That because of such emergency, the City Manager
or designated employee is hereby authorized to purchase the mater-
ials, equipment, supplies or services as described in the attached
Purchase orders and to make payment therefore in the amounts there-
in stated, such emergency purchases being in accordance with the
provisions of state law exempting such purchases by the City from
the requirements of competitive bids.
I'
Agenda No. 9-
Agenda Item S L
SECTION III_. That this ordinance shall become effective im-
mediately upon its passage and approval,
PASSED AND APPROVED this the day of ,
1992.
BOB CASTLEBERRY, MAYOR
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS To LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY.
!t
f;
DATE: MARCH 17, 1992
CITY COUNCIL REPORT Agenda No.
Agenda Item_ S J
TO: Mayor and Members of the City Council
FROM: Lloyd V, Harrell, City Manager ~U G
SUBJECT: EMERGENCY PURCHASE ORDER #23032 -
NORTH AMERICAN TRANSFORMER
RECOMMENDATION: Council approve purchase order #23032 - North American
Transformor in the amount of $26,367.00.
SUMMARY: This purchase order is for parts to repair the load tap changer on power
transformer number one at the Locust Street Substation, The loads serviced by this
transformer (part of UNT campus, south and west Denton) were temporarily carried
by transformer number two however, Immediate repair was required so unit one could
carry increasing station loading as the weather turns warmer.
BACKGROUND: Purchase Order 423032, Memorandum from Ray Wells.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Electric Substations,
Distribution and Residents in parts of UNT, South and West Denton.
FISCAL IMPACT: Account # 610-080-0286-8332, Substations Maintenance.
Respec Ily submitted:
LI yd Harrell
City Manager
Prepared by:
Name: je lan ie Harden
Title: ar
Approved:
Name: Tom D, bhaw, `C.P,M,
Title: Purohnsing Agent
249. DOC
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THIS IS A CITY of DENTON, TEXAS
CONFIRMING ORDER PURCHASE ORDER NO: FC 23032
(IF MARKED} XX This number must appear on all
Invokes, delivery slips. cases
DO NOT DUPLICATE ctns,boxes, packing slips and Nils.
V
Bid No: Date: 03 11 92 Page No, 01
1
llo
VE PURCHASING DIVISION 1901.8 TEXAS STREET I DENTON, TEXAS 76201
81713837100 D/fW METRO 8171267.0042 FAX 8 17/3 82 4 6 9?
NA n NCRTH AMERICAN TRANSFCRMER CC DELIVERY CONFIRMATION` OIILY C22
AD £ 1200 PIPER DA ELECTRIC SU887A7ION
i ADDRESS 901 A TEXAS ST
MILPITAS CA 95036
m DEN70 i TEXAS 76201
c m
VENDOR NO. DELIVERY QUOTED FOB TERMS
NOR19400 03 15 92 DESTINATION
01 10000 EA VENDOR CAT* A N / A MFG NAME 3#614.000 3*614,
CI7Y 9 2857$
TAP HEAD - PART Nos B99100037A
02 E9000 EA VENDOR CAT* N N / A MFG NAME E840000 30528
CITY 9 28575
REVERSING SWITCH (KIT 98) PART NO 5121101696
03 6 049 EA VENDOR CATe 9 N / A MFG NAME 140.000 8401
CITY 9 28575
RIGHT HAND FIXED CONTACT PART N09 5121053438
04 6.000 EA VENDOR CAT* 9 N / A MFG NAME 1400000 840'
CITY 9 2857E
LEFT HAND FIXED CONTACTS PART NO* 512105343A
05 16*000 EA VENDOR CAT* 9 N / A MFG NAME 980000 10548;
CITY M 28578
FIXED CONTACTS PART Noe 512104440A
06 189000 EA VENDOR CATS N N / A MFG NAME 233#000 49194,
C17Y 9 575
ARCING CONTACT (KIT 91) PART NO* 812108901A
07 18.000 EA VENDOR CAT* 9 N ,0 A MFG NAME 2699000 40842
CITY N 28575
j WE04E AND ROLLER CONTRACTS 4917 931 PART N00 512108113A
PAGE TOTAL + 190426(
I
VENDOR INSTRUCTIONS: 3 Terms - Nei 301Unle6s on,erw0 n)eured I
1. Send original Invoke wllh duplicate copy. 4. Shipping Instruction& F.O.B. Destination prepaid lU0eee otherwise epediedl
2. Bill to ° Accounts Paynble b. No lederal or state sales taK shall be Included
216 E. WKlmmy SI. In prices billed. Purrhnslnn nhdelnn
THIS IS A - - CIFY o! llkNI UIV, ItXAS
CONFIRMING ORDER PURCHASE ORDER NO:
(IF MARKED} x Thls number must appear on all PC 23032
O OT DIIP1-X
- cans. boxes, slips, cases, Invoices. ctns boxes, pecking slips and bills.
Req Bld No: Date: 03 11 22 Page No. 02
1 t
ENDO PURCHASING DIVISION /901 6 TEXAS STREET /DENTON, TEXAS 76201
LAME 8i7/383JInO D/PWMETR0817/267.0041 FAX8171382.4692
N RTH AMERICAN TRANSFORMER CC
%DDRES 00 PIPER UR DELIVERY CONFIRMATICK CNLY C22
o m M LP[ TAS CA 950 38
ADDRESS 901CARTEXASESTATION
DENTONs TEXAS 76201
v
d '2
.F a
VENDOR NO, NO Al 9400 DELIVERY QUOTED 03 14 92 FOB DESTINATIGN TERMS
7os 12.000 EA VE WC1 EATO N'/ A MFG NAME 128.000 19400.00,
ADAPTOR KIT (KIT 06) PART NO* $1210814EA
1
09 2.000 CA VENDOR CAT. A N / A MFG NAME 20687.000 8•tT4.00!
CITY A 28875
ROTOR ASSY• PART NO. 512101348
10 1.000 EA VENDOR CA7• 8 N / A MFG NAME 6F.•000 6Z•00'
CITY 0 281578
SPROKET ASSY PART ND• F15194AO102
11 1.000 EA VENDOR CAT• M N / A MFG NAME
CITY 0 28578 204.000 204.00
CENTER PHASE SPRCKET PART NO* FS12460056
i
PAGE TOTAL 609 1•pp
GRAND TOTAL 2 26 357.00;
01 610 080 0255 8332 260367.00
i
i
VENDOR INSTRUCTIONS: _ 3. Terms - Nel 30 Iunless wwwlee sw.med 1
I. Send original Invoice wllh dupllaato copy. 4. 861pping Instructions: F.O.B. Destination prepold (unless olhei"s *Aedled)
2.8111 to - Accounts Payable G, No federal or elate sales tax shall be Included
216 E. McKinney St. In prices billed.
Denton, TX 76201 Hrrchosing blvlslon
a.
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O J "A1 iK Ayonda Itam__/~S . C
CITY of DENTON MUNICIPAL UTILITIES/ 901•a Texas streets Dento ~Gfxiszot
M E M O R A N D U M
TO: R. E, Nelson, Executive Director of Utilities
FROM: Ray D. Wells, superintendent, Electric Metering/
Communications-Electronics/substations
DATE: February 27, 1992
SUBJECT: EMERGENCY PURCHASE ORDER NO, 23032-NORTH AMERICAN TRANSFORM
srrrvrrrrrrrrrrssvsrragrrrmrarrrrrmrrr sttwsrrarratssmsrrrarrrarrwtis
On February 25, 1992, at approximately 3:00 p.m., the Load Tap
Changer, (L,T,C,), on power transformer number one (1) at the
Locust Street Substation failed. On the morning of February 26,
19920 we removed oil and opened the unit for inspection. We found
the unit to be badly damaged, requiring $26,367,00 in parts to
repair this unit. The parts and prices are detailed on Purchase
Reques` No. 131536.
This unit serves part of the U.N.T.
south and west Denton. We must repairmtthisaunitlasasoonras of
possible since we are presently carrying all these areas' loads
on one power transformer; the number two unit at Locust
Substation, The number two unit has the capability of serving
these loads] however, if the weather turns warmer, increasing
station loading, the need to switch power supply sources will be
necessary,
we anticipate repair of the unit and return to service Monday,
March 2, 1992.
Respectfully,
Ellso Superintend t, Electri
yc Met e g
g
Communications-Electronics/Substations
RAW:pl
ac: Jim Harder, Director of Electric Utilities
Tom D. Shaw, Purchasing Agent
02272169.WP
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Agenda No.
Agenda ltem 00
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
CORGAN ASSOCIATES, INC. FOR PROFESSIONAL ARCHITECTURAL SERVICES
RELATING TO PHASE I IMPLEMENTATION OF THE CITY OF DENTON
MASTER/ SPACE PLAN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING THE EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is authorized to execute an agreement between
the City of Denton and Corgan Associates, Inc. of Dallas for professional
architectural services relating to the Phase I Implementation of the City of Denton
Master/Space Plan, under the terms and conditions contained in said agreement,
which is attached hereto and made a part hereof.
SECTION II. That the City Council hereby authorized the expenditure of
funds in the manner and amount as specified in the agreement,
SECTION ICI. That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of , 1992.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
248 . DOC
r•
is
DATE: MARCH 171 1992
CITY COUNCIL REPORT Agenda NnU-
TO: Agoiida Item _ ~t~~ r h Mayor and Members of the City Council W16--
FROM:
Lloyd V. Harrell, City Manager `jJ ✓fl
SUBJECT: PROFESSIONAL SERVICES CONTRACT - CORGAN ASSOCIATES INC.
RECOMMENDATION: We recommend the contract with Corgan Associates Inc. for
Architectural Services Phase l Implementation of the Master/Space Plan, be approved
in the amount of $26,250.00 for Phase I-Schematic Design Phase, Depending upon
the firms performance, and the availability of funds the City shall then proceed with
Phase I-Moore Building in the amount of $198,500.00. Again depending on
performance and funding the City will proceed to Phase II-Old City Hall In the
amount of $15,200,00 and finally Phase III-Existing City Hall in the amount of
$90500,00. The total contract price will be $189,450.00 bases; upon the City of
Denton's satisfaction with each phase and availability of funds.
SUMMARY: This contract was written by the City of Denton Staff and accepted by
Corgan Associates. They are in full compliance with insurance requirements as well
as all other terms and conditions of the document. The price is a fixed fee
negotiated by staff members as specified by State of Texas Law, The professional
services of Architects are exempted from the bid process. Architects must be
chosen based solely upon the most qualified for the specific project and then a price
established through the negotiation process,
The contract includes (1) the schematic design phase for Moore Building, Old City
Hall and City Hal:, (2) design anddevelopmont, construction documentation, bidding
and construction supervision for the Moore Building and Old City Hall as well as the
(3) designated development phase of the Existing City Hall.
The contract as accepted can be terminated at the end of each phase as listed on the
attached Article 10 Basis of Compensation,
The fees are approximately 0.9% of estimated construction cost. Normal industry
standard fees appear to be from 8-10% for remodel and 7-9% for jail/court type
projects,
Corgan Associates has indicated a 150, discount from normal fees on this type project
since they had also performed the Master/Space Plan and were familiar with the City
as a whole.
At the time Corgan was accepted as the contractor to do the Master/Space Plan they
wore hirod as planners not architects, The projects were separated Intentionally,
Therefore It Is reasonable that only a portion of the space plan would be of value to
the Architects,
BACKGROUND. Article 10 Basis of Compensation,
ai'91 i.+>
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CITY COUNCIL REPORT Agenda No.
MARCH 17, 1992 ~ f Z)
PAGE 2 OF 2 Aponda Item
Date 92
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City Staff, Citizens of
Denton, Building Operations, Police Department,
FISCAL IMPACT: Funds for this architectural contract will come from general
obligation bond account #428-070-G089-8908-9101, Law Enforcement/ Court Complex.
ftespeo lly submitted:
Lloyd Harrell
City Manager
Approved:
Name: Tom D. Shaw, C.P,M,
Title: Purchasing Agent
247, DOC
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ARTICLE 10 Agenda W. _ _4
BASIS OF COMPENSATION Agenda Ifam L .
Dula
The Owner shall compensate the Architect as follows
10.1 BASIC COMPENSATION
10.1.1 FOR BASIC SERVICES, as described In Article 2, and any other services
included in Article 11 as part of Basic Services, Basic Compensation shall be:
10.1.2 Progress payments for Basic Services In each phase shall total the following
percentages of the total Basic Compensation payable:
. Phase I Schematic Design Phase
(All three buildings combined)
Sub Total $26,250
. Phase I Moore Building
Design and Development $350000 24%
Construction Documentation $56,000 40%
Biddin
Construction $43, 750 30%
Phase I Sub Total 1430500
Phase II Old City Hall
* . Design and Development $ 5,400 39%
* . Construction Documentation $ 4,320 29%
Biddin
Construction $ 4,320 28%
Phase II Sub Total $ 15,200
Phase III Existing City Hall
. Design and Development $ 40500 100%
. Construction Documentation 0%
Bidding 0%
Construction 0%
Phase III Sub Total $189,450
* These fees are based on doing drawings for PROJECTED construction budget
of $200,000 (even if construction does iiot occur until later).
As outlined in Article 9.2 reimbursed expenses are not included in this base
fee.
ALLM108
Agenda tin, e,) _
Agenda Ilom__ZLL;:
AGREEMENT BETWEEN THE CITY OF DENTON
AND CORGAN ARCHITECTS
This Agreement made as of the day of , 1992
between the City of Denton, Texas, hereinafter referred to as
"Owner" and Corgan Architects, hereinafter referred to as
"Architect" for the following Project:
The Owner and Architect
agree as set forth below.
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services
performed by the Architect, Architect's employees and Architect's
consultants as enumerated in Articles 2 and 3 of this Agreement and
any other services included in Article 11.
1.1.2 The Architect's services shall be performed as expedi-
tiously as is consistent with the highest degree of professional
skill and care and the orderly progress of the Work. Upon request
of the owner, the Architect shall submit for the Owner's approval
a schedule for the performance of the Architect's services which
may be adjusted as the Project proceeds, and shall include allow-
ances for periods of time required for the owner's review and for
approval of submissions by authorities having jurisdiction over the
Project. Time limits established by this schedule and approved by
the owner shall not, except for reasonable cause, be exceeded by
the Architect or Owner, and any adjustments to this schedule shall
be mutually acceptable,
1.1.3 The services covered by this Agreement are subject to
the time limitations contained in Subparagraph 10.4.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those
described in Paragraphs 2.2 through 2.6 and any other services
identified in Article 11 as part: of Basic Services, and include
without limitation normal structural, mechanical and electrical
engineering services and any other engineering services necessary
to produce a complete and accurate yet of construction Documents,
as described by and required in Paragraph 2.4.
PAGE 1
Agenda No. (v2 _ ew
Agenda Ilem - /C)S
[kite / 7- ~L
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect in consultation with the Owner shall
develop a written program for the Project to ascertain Owner's
needs and to establish the requirements for the Project.
2.2.2 The Architect shall provide a preliminary evaluation of
the Owner's program, construction schedule and construction budget
requirements, each in terms of the other, subject to the limita-
tions set forth in Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner alternative
approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and
construction budget requirements, the Architect shall prepare, for
approval by the owner, Schematic Design Documents consisting of
drawings and other documents illustrating the scale and relation-
ship of Project components. The Schematic Design shall contemplate
compliance with all applicable laws, statutes, ordinances, codes
and regulations.
2.2.5 The Architect shall submit to the owner a preliminary
detailed estimate of Construction cost based on current area,
volume or other unit costs and which indicates the cost of each
category of work involved in constructing the Project and establish
&n elapsed time factor for the period of time from the commencement
to the completion of construction.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any
adjustments authorized by the Owner in the program, schedule or
construction budget, the Architect shall prepare for approval by
the owner, Design Development Documents consisting of drawings and
other documents to fix and describe the size and character of the
Project as to architectural, structural, mechanical and electrical
systems, materials and such other elements as raay be appropriate,
which shall comply with all applicable laws, statutes, ordinances,
codes and regulations.
2.3.2 The Architect shall advise the owner of any adjustments
to the preliminary estimate of Construction Cost in a further
Detailed Statement as described in Paragraph 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and
any further adjustments in the scope or quality of the Project or
in the construction budget authorized by the owner, the Architect
shall prepare, for approval by the owner, Construction Documents
consisting of Drawings and Specifications setting forth in detail
PACE 2
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Agenda No.._, 6)4 42
Agenda Ilea ~ /c)s
(ble _ -17, com requirements for the construction of the Project, which shall
regulations, all applicable laws, statutes, ordinances, codes and
2.4.2 The Architect shall assist the of then ce sary bidding information, bidding forms the preparation
of the contract, and the form of Agreement ~ the Conditions
contractor, between the owner and
2.4.3 The Architect shall advise the owner of an
to previous preliminary estimates of Construction cost indicatednby
changes in requirements or general market conditions.
2.4.4 The Architect shall assist the owner in connection with
the Owner's responsibility for filing documents required for the
approval of governmental authorities having jurisdiction over the
Project.
2.5 BIDDING
2.5.1 The Architect, following the Owner's approval of the
construction Documents and of the latest preliminary estimate of
Construction cost, shall assist the owner in obtaining bids and
assist in awarding and preparing contracts for construction.
2.5.2 A provision that if the lowest bid for the construction
of the Project exceeds the total construction cost of the Project
as set forth in the approval Detailed Statement of Probable Con-
struction Costs of the Projects submitted by the Architect, then
the Architect, as his sole cost and expense, revise the Construc-
tion Documents as may be required by the to or odif
the quantity or quality of the work so thatithe totaluconstruction
cost of the Project will not exceed the total construction cost set
forth in the approved Detailed Statement of Probable construction
costs.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OP THE CONSTRUCTION
CONTRACT
2.6.1 The Architect Is responsibility to provide Basic ServicAs
for the Construction Phase under this Agreement commences with the
award of the Contract for construction and terminates at the
issuance to the Owner of the final Certificate for Payment, unless
extended under the terms of Subparagraph 9,3,3,
2.6.2 The Architect shall provide detailed
administration Contract for Construction as set forth below dedition
of AIA document A2011 General Conditions of the Contract for Con-
struetien, current as of the date of this Agreement, unless other-
wise provided in this Agreement.
PAGE 3
Agenda No. 00
Agenda Item. 2s' ' v
Date %Jq_)
7 ,,11 2
2.6.3 Construction Phase duties, responsibilities and limita-
tions of authority of the Architect shall not be restricted, modi-
fiod or extended without written agreement of the Owner and
Architect.
2.6.4 The Architect shall be a representative of and shall
advise and consult with the Owner (1) during construction, and (2)
as an Additional Service at the owner's direction from time to time
during the warranty period described in the contract for Construc-
tion, i.e. one year. The Architect shall have authority to act on
behalf of the Owner only to the extent provided in this Agreement
unless otherwise modified by written instrument.
2. 6.5 The Architect shall visit the construction sits at least
two times a week, regardless of whether construction is in prog-
ress, to become familiar with the progress and quality of the Work
completed and to determine if the Work is being performed in a
manner indicating that the Work when completed will be in accor-
dance with the contract Documents. Architect shall provide owner
a written report subsequent to each on-site visit. on the basis of
on-site observations as an architect, the Architect shall keep the
owner informed of the progress and quality of the Work, and shall
exercise the utmost care and diligence in discovering and promptly
reporting to the owner any defects or deficiencies in the work of
Contractor or any subcontractors. The Architect represents that he
will follow the highest professional standards in performing all
services under this Agreement. Any defective designs or specifi-
cations furnished by the Architect will be promptly corrected by
the Architect at no cost to the owner. The Owner's approval,
acceptance, use of or payment for all or any part of the Archi-
tect's services hereunder or of the Project itself shall in no way
alter the Architect's obligations or the owner's rights hereunder.
2.6.6 The Architect shall not have control over or charge of
and shall not be responsible for construction means, methods, tech-
niques, sequences or procedures, or for safety precautions and pro-
grams in connection with the Work. The Architect shall not be
responsible for the Contractor's schedules or failure to carry out
the Work in accordance with the Contract Documents except insofar
as such failure may result from Architect's acts or omissions. The
Architect shall not have control over or charge of acts or omis-
sions of the Contractor, Subcontractors, or their agents or employ-
ees, or of any other persons performing portions of the Work.
2.6.7 The Architect shall at all times have access to the Work
wherever, it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the contract
Documents or when direct communications have been specially author-
ized, the Owner and Contractor shall communicate through the
Architect. Communications by and with the Architect's consultants
shall Ne through the Architect.
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Agenda No. i~o~ OD 9
Agenda Item, d
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2.6.9 Based on the.Architectfs observations at the site of the
work and evaluations of the Contractor's Applications for Payment,
the Architect shall review and certify the amounts
tor> due the Contrac-
2.6.10 The Architect's certification for payment shall
constitute a representation to the Owner, based on the Architect's
observations at the site as provided in Subparagraph 2.6.5 and on
the data comprising the contractor's Application for Payment, that
the Work has int of the Work pisogin sacdordance with indicated and that the Contract Documents quality The
foregoing representations are subject to minor deviations from the
contract Documents correctable prior to completion and to specific
qualifications expressed by the Architect. The issuance of a
Certificate for Payment shall further constitute a representation
that the Contractor is entitled to
However, the issuance of a Certificateefor1Payment shallenotfbeda
representation that the Architect has (1) made exhaustive or con-
tinuous on-site inspections to check the quality or quantity of the
Work, (2) reviewed construction means, methods, techniques, sequen-
ces or procedures, (3) reviewed copies of requisitions received
from Subcontractors and material suppliers and other data requested
by the Owner to substantiate the Contractor's right to payment or
(4) ascertained how or for what purpose the contractor has used
money previously paid on account of the Contract Sum.
2.6.11 The Architect shall have the responsibility and
authority to reject Work which does not conform to the Contract
Documents, Whenever the Architect considers it
advisable for implementation of the intent of the Conga t necessary
cur
meats, the Architect will have authority to require additional
inspection or testing of the Work in accordance with the provisions
of the Contract Documents, whether or not such Work is fabricated,
installed or completed. However., neither this authority of the
Architect nor a decision made in good faith either to exercise or
not exercise such authority shall give rise to a duty or responsi-
bility of the Architect to the Contractor, subcontractors, material
and equipment suppliers, their agents or employees or other persons
performing portions of the Work.
2.6.12 The Architect shall review and approve or take other
appropriate action upon Contractors submittals such as Shop
Drawings, Product Data and samples for the
compliance with applicable laws, statutes, ordinances os and ocodes;
and (2) determining whether or not the work, when completed
be in compliance with the requirements of the Contract Do , wicumentsll
.
The Architect's action shall be taken with such reasonable
promptness to cause no delay in the Work or in the construction of
the Owner or of separate contractors, while allowing sufficient
time in the Architect's professional judgment to permit adequate
review. Review of such submittals is not conducted for the purpose
of determining the accuracy and completeness of other details such
PAGE 5
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Awda No. --&.Z Do
Agooda pem A 6y)-)
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as dimensions and quantities or for substantiating instructions for
installation or performance of equipment or systems designed by the
contractor, all of w:A ch remain the responsibility of the Contrac-
tor to the extent required by the Contract Documents. The Archi-
tect's review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by the! Architect, of con-
struction means, methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate approval
of an assembly of which the item is a component. When professional
certification of performance characteristics of materials, systems
or equipment is required by the Contract Documents, the Architect
shall be entitled to rely upon such certification to establish that
the materials, systems or equipment will meet the performance
criteria required by the Contract Documents.
2.6.13 The Architect shall prepare change orders and
Construction Change Directives, with supporting documentation and
data if deemed necessary by the Architect as provided in
Subparagraphs 3.1.1 and 3.3.3, for the owner's approval and
execution in accordance with the contract Documents, and may
authorize minor changes in the Work not involving an adjustment in
the Contract sum or an extension of the contract Time which are not
inconsistent with the intent of the Contract Documents.
2.5.14 On behalf of the owner, the Architect shall conduct
inspections to determine the dates of Substantial completion and
Final Completion, and shall issue Certificates of Substantial and
Final Completion. The Architect will receive and review written
guarantees and related documents required by the Contact Documents
and assembled by the Contractor and shall issue a final certificate
for Payment.
2.6.15 The Architect shall interpret and provide
recommendations on matters concerning performance of the owner and
Contractor under the requirements of the Contract Documents on
written request of either the owner or Contract. The Architect's
response to such requests shall be made with reasonable promptness
and within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Architect shall be
consistent with the intent of and reasonably inferable from the
Contract Documents and shall be in writing or in the form of
drawings. When making such interpretations and initial decisions,
the Architect shall endeavor to secure faithful performance by both
Owner and Contractor, shall not show partiality to either, and
shall not be liable for results for interpretations or decisions so
rendered in good faith in accordance with all the requirements of
the owner-Architect Agreement and in the absence of negligence.
2.6.17 The Architect shall render written decisions within a
reasonable time on all claims, disputes or other matters in
PAGE 6
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Agenda Itern- X9.s 5
Date
question between the owner and Contractor relating to the execution
or progress of the Work as provided in the contract Documents.
2.6.18The c with)the render services under the
professional standards
Agreement in accordance
prevailing in the metroplex area; (2) will reimburse the owner for
all damages caused by the defective designs the Architect preparesi
and (3) by acknowledging payment by the Owner of any fees
shall not be released from any rights the Owner may have under the
Agreement or diminish any of the Architect's obligations
thereunder.
2.6.19 The Architect shall provide the owner with one set of
reproducible prints showing all significant changes to the
Construction Documents during the Construction Phase and shall also
provide the owner with one set of reproducible as-built Drawings
for the owner's file.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not
included in Basic Services unless so identified in Article 2, and
they shall be paid for by the owner as provided in this Agreement,
in addition to the compensation for Basic Services. The services
described under Paragraphs 3.2 and 3.4 shall only be provided if
authorized or confirmed in writing by the Owner. If services de-
scribed under Contingent Additional Services in Paragraph 3.3 are
required due to cir^umstances beyond the Architect's control, the
Architect shall notify the owner prior to commencing such services.
If the owner deems that such services described under Paragraph 3.3
are not required, the Owner shall give prompt written notice to the
Architect. if the owner indicates in writing that all or part of
to provide those services.i, Othe wnerArchitect be
such shall Contingent have no obligatin Additional
responsible for compensating the Architect for Contingent Addition-
al Services only if they are not required due to the negligence or
fault of Architect.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is
described in Subparagraph 2.6.5 is required, the Architect shall
provide one or more Project Representatives to assist in carrying
out such additional on-site responsibilities.
3,242 project Representatives shall be selected, employed and
directed by the Architect, and the Architect shall be compensated
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therefor as agreed by the owner and Architect. The duties, respon-
sibilities and limitations of authority of Project Representatives
shall be as described in the edition of AIA Document B352 current
as of the date of this Agreement, unless otherwise agreed.
3.2.3 Through the observations by such Project Representa-
tives, the Architect shall endeavor to provide further protection
for the owner against defects and deficiencies in the Work, but the
furnishing of such project representation shall not modify the
rights, responsibilities or obligations of the Architect as
described elsewhere in this Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications
or other documents when such revisions are:
1. inconsistent with approvals or instructions previously
given by the owner, including revisions made necessary
by adjustments in the owner's program or Project
budget;
2. required by the enactment or revision of codes, laws or
regulations subsequent to the preparation of such
documents, or
3. due to changes required as a result of the Ownerfs
failure to render decision in a timely manner,
3.3.2 Providing services required because of significant
changes in the Project including, but not limited to, size, quali-
ty, complexity, the owner's schedule, or the method of bidding and
contracting for construction, except for services required under
Subparagraph 5,2.5,
3.3.3 Preparing Drawings, Specifications and other documenta-
tion and supporting data, and providing other services in connec-
tion with change orders and Construction change Directives.
3.3.4 Providing consultation concerning replacement of Work
damaged by fire or other cause during construction, and furnishing
services required in connection with the replacement of such Work.
3.3.5 Providing services made necessary by the default of the
1ontractor, by major defects or deficiencies in the Work of the
Contractor.
3.3.6 Providing services in evaluating an extensive number of
claims submitted by the Contractor or others in connection with the
Work.
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Agenda Item-'&ds~
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3.3.7 Providing services in connection with a public hearing,
arbitration proceeding or legal proceeding except where the
Architect is party thereto.
3.3.8 Preparing documents for alternate, separate or sequen-
tial bids or providing services in connection with bidding, negoti-
ation or construction prior to the completion of the Construction
Documents Phase,
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special
studies,
3.4.2 Providing planning surveys, site evaluations or compara-
tive studies of prospective sites.
3.4.3 Providing special surveys, environmental studies and
submissions required for approvals of governmental authorities or
others having jurisdiction over the Project.
3.4.4 Providing services relative to future facilities, sys-
tems and equipment.
3.4.5 Providing services to investigate existing conditions or
facilities or to make measured drawings thereof.
3.4.6 Providing services to verify the accuracy of drawings or
other information furnished by the owner.
3.4.7 Providing coordination of construction performed by
separate contractors or by the owner's own forces and coordination
of services required in connection with construction performed and
equipment supplied by the owner.
3.4.8 Providing services in connection with the work of a con-
struction manager or separate consultants retained by the owner,
3.4.9 Providing detailed quantity surveys or inventories of
material, equipment and labor.
3.4.10 Providing analyses of owning and operating costs.
3.4.11 Providing interior design and other similar services
required for or in connection with the selection, procurement or
installation of furniture, furnishings and related equipment.
3.4.12 Making investigations, inventories of materials or
equipment, or valuations and detailed appraisals of existing
facilities.
PAGE 9
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3.4.13 Providing assistance in the utilization
systems such as testing, adjusting and balancing, preparation of
operation and maintenance of equipment or
manuals, training personnel for operation
and maintenance and consultation during operation.
3.4.14 Providing services other than as ped in No. 4 of
Article 11, after issuance to the owner of the ofinal Certificate
for Payment, or in the absence of a final Certificate for Payment,
more than 60 days after the date of Substantial Completion of the
Work.
3.4.15 Providing services of consultants for other than archi-
tectural, structural, mechanical and electrical engineering
portions of the Project provided as a part of Basic services.
3.4.16 Providing any other services not otherwise included in
this Agreement or not customarily furnished in accordance with gen-
erally accepted architectural practice.
3.4.17 Preparing a set of reproducible record drawings showing
significant changes in the Work made during construction based on
marked-up prints, drawings and other data furnished by the
Contractor to the Architect. (This is for drawings prepared in
addition to those called for in Section 1.6.19.)
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The owner shall consult with the Architect regarding
requirements for the Project, including (1) the Owner's objec-
tives, (2) schedule and design constraints and criteria, including
space requirements and relationships, flexibility, expandability,
special equipment, systems and site requirements, as more speci-
fically described in Paragraph 2.2.1.
4.2 The owner shall establish and update an overall budget for
the Project, including the Construction Cost, the Owner's other
costs and reasonable contingencies related to all of these costs.
4.3 If requested by the Architect, the owner shall furnish
evidence that financial arrangements have been made to fulfill the
owner's obligations under this Agreement,
4.4 The owner shall designate a representative authorized to
act on the owner's behalf with respect to the Project. The Owner
or such authorized representative shall render decisions in a time-
order ntoravoidaunreasonable udelay inbthet orderlthe Architect in
progress of the Architect's services, Y and sequential
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Agenda No. _ - 4 D
Agenda item 1e.5 ~ v
we 4.5 The owner shall furnish surveys describing physical char-
acteristics, legal limitations and utility locations for the site
of the Project, and a written legal description of the site. The
surveys and legal information shall include, as applicable, grades
and lines of
structures; a treet t, alley a pavements and adjoining property and
menus, encroachments, zonin f rights-of-way, restrictions, ease-
contours of the site; loco g deed restrictions, boundaries and dsions and pertaining to existing buildings, othereimprovemetsnand trees,dan
information concerning available utility services and
public and private, above and below grade, includin d lines, both
depths. All the information on the survey shall be referencedato
a project benchmark,
4.6 The Owner shall furnish the services of geotechnical
engineers when such services are requested by the Architect, Such
services may include but are not limited to test borings, test
pits, determinations of soil bearing values, percolation tests,
evaluations of hazardous materials, ground corrosion and resistivi-
ty tests, including necessary operations for anticipating sub-soil
conditions, with reports and appropriate professional
recommendations.
4.6.1 The Owner shall furnish the services of other consul-
tants when such services are reasonably required by the scope of
the Project and are requested by the Architect and are not retained
by the Architect as part of his Basic Services.
4.7 The Owner shall furnish structural, mechanical, chemical,
air and water pollution tests, tests of hazardous materials, and
other laboratory and environmental tests, inspections and reports
required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insur-
ance counseling services as may be necessary at any time for the
Project, including auditing services the owner may require to
verify the Contractor's Applications for Payment or to ascertain
how or for what purposes the Contractor has used the money paid by
or on behalf of the owner.
4.9 The services, information, surveys and reports required by
Paragraphs 4.5 through 4.8 shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the ac-
curacy and completeness thereof in the absence of any negligence on
the part of the Architect.
4.10 Prompt written notice shall be given by the owner to
the Architect if the owner becomes aware of any fault or defect in
the Project or nonconformance with the Contract Documents,
4.11 The proposed language of certificates or certifications
requested of the Architect or Architeotts consultants shall be
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Agenda Itent!~ .S UU
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submitted to the Architect for review and approval at least
fourteen (14) days prior to execution. The Owner shall not request
certifications that would require knowledge or services beyond the
scope of this Agreement.
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or
estimated cost to the owner of all elements of the Project designed
or specified by the Architect.
5.1.2 The Construction Cost shall include the cost at current
market rates of labor and materials furnished by the owner and
equipment designed, specified, selected or specially provided for
by the Architect, plus a reasonable allowance for the contractor's
overhead and profit. in addition, a reasonable allowance for
contingencies shall be included for market conditions at the time
of bidding and for changes in the Work during construction.
5.1.3 Construction Cost does not include the compensation of
the Architect and Architect's consultants, the casts of the land,
rights-of-way, financing or other costs which are the responsibili.-
ty of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION
5.2.1 Evaluations of the owner's Project budget, preliminary
estimates of Construction Cost and detailed estimates of Construc-
tion cost, if any, prepared by the Architect, represent the
Architect's best judgment as a design professional familiar with
the construction industry. It is recognized, however, that neither
the Architect nor the Owner has control over the cost of labor,
materials or equipment, over the Contractor's methods of
determining bid prices, or over competitive bidding or market
Londitions. Accordingly, the Architect cannot and does not warrant
or represent that bids will not vary from the Owner's Project
budget or from any estimate of Construction cost or evaluation
prepared or agreed to by the Architect.
5.2.2 No fixed limit of Construction cost shall be established
as a condition of this Agreement by the facnishing, proposal or
establishment of a Project budget, unless such fixed limits has
been agreed upon in writing and signed by the parties thereto. If
such a fixed limit has been established, the Architect shall be
permitted to include contingencies for design, bidding and price
escalation, to determine what materials, equipment, component
systems and types of construction are to be included in the
PAGE 12
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Agenda No.
Agenda Item
Bate
Contract Documents, to make reasonable adjustments in the scope of
the Project and to include in the contract Documents alternate bids
to adjust the Construction Cost to the fixed limit. Fixed limits,
if any, shall be increased in the amount of an increase in the
Contract Sum occurring after execution of the Contract for
construction.
5.2.3 If the Lidding Phase has not commenced within ninety
(90) days after the Architect submits the Construction Documents to
the owner, any Project budget or fixed limit of Construction Cost
shall be adjusted to reflect changes in the general level of prices
in the construction :industry between the date of submission of the
Construction Documents to the Owner and the date on which proposals
are sought.
5.2.4 If it fixed limit of Construction Cost (adjusted as
provided in subparagraph 5.2.3) is exceeded by the lowest bona fide
bid, the owner shall:
1. give written approval of an increase in such fixed
limit;
2. authorize rebidding or renegotiating of the
Project within a reasonable time;
3. if the Project is abandoned, terminate in
accordance with Paragraph 7.3; or
4. cooperate in revising the Pruject: scope and
quality as required to reduce the Construction
Cost.
5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4.
the Architect, without additional charge, shall modify the Contract
Documents as necessary to comply with the fixed limit, if estab-
lished as a condition of this Agreement. The modification of
Contract Documents shall be the limit of the Architect's responsi-
bility arising out of the establishment of a fixed limit. The
Architect shall be entitled to compensation in accordance with this
Agreement for all services performed whether or not the Construc-
tion Phase is commenced.
ARTICLE -6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared
by the Architect for this Project are instruments of the Archi-
tect's service for use solely with respect to this Project and,
unless otherwise provided, the Architect shall be deemed the author
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Agenda No. 40
Agenda Item 6-
Do to _ _~L
of these documents and shall retain all common law, statutory and
other reserved rights, including the copyright. The Owner shall be
permitted to retain copies, including reproducible copies, of the
Architect's Drawings, Specifications and other documents for infor-
mation and reference in connection with the Owner's use and
occupancy of the Project. The Architect's Drawings, specification
or other documents shall not be used by the owner or others on
other projects or for completion of this Project by others, unless
the project, or phases of the project is complete or contract is
terminated, at which that time documents become property of the
City of Denton which allows owner freedom to use such documents.
6.2 Submission or distribution of documents to meet official
regulatory requirements or for similar purposes in connection with
the Project is not to be construed as publication in derogation of
the Architect's reserved rights.
ARTICLE 7
TERMINATION, SUSPENSION OR ABANDONMENT
7.1 This Agreement may be terminated by either party upon not
less than seven days written notice should the other party fail
substantially to perform in accordance with the terms of this
Agreement through no fault of the party initiating the termination.
7.15 City of Denton reserves the right to terminate the
contract after the completion of each basic service phase upon
written notice to the Architect.
7.2 If the Project is suspended by the owner for more than 30
consecutive days, the Architect shall be compensated for services
performed prior to notice of such suspension. When the Project is
resumed, the Arrchitect's compensation shall be equitably adjusted
to provide for expenses incurred in the interruption and resumption
of the Architect's services.
7.3 This Agreement may be terminated by the Owner upon not
less than seven days written notice to the Architect in the event
that the Project is permanently abandoned. If the Project is
abandoned by the Owner for more than 90 consecutive days, the
Architect or the owner may terminate this Agreement by giving
written notice.
7.1 Failure of the owner to make payments to the Architect in
accordance with this Agreement shall be considered substantial non-
performance and cause for termination.
7.5 If the Owner fails to make payment to Architect within
thirty (30) days of receipt of a statement for services properly
performed, the Architect may, upon seven days written notice to the
PAGE. 14
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Owner, suspend performance of services under this Agreement.
Unless payment in full is received by the Architect within seven
(7) days of the date of the notice, the suspension shall take
effect without further notice. In the event of a suspension of
services, the Architect shall have no liability to the Owner for
delay or damage caused the owner because of such suspension of
services.
7.6 In the event of termination not the fault of the Archi-
tect, the Architect shall be compensated for services properly
performed prior to termination.
ARTICLE 8
MISCELLANEOUS PROVISIONS
8.1 This Agreement shall be governed by the laws of the State
of Texas.
8.2 Terms in this Agreement shall have the same meaning 1,s
those in AIA Document A201, General Conditions of the Contract for
Construction, current as of the date of this Agreement.
8.3 The Owner and Architect, respectively, bind themselves,
their partners, successors, assigns and legal representatives to
the other party to this Agreement and to the partners, successors,
assigns and legal representatives of such other party with respect
to all covenants of this Agreement. Neither owner nor Architect
shall assign this Agreement without the vr.itten consent of the
other.
8.4 This Agreement represents the entire and integrated agree-
ment between the Owner and Architect and supersedes all prior
negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument
signed by bath Owner and Architect.
8.5 Nothing contained in this Agreement shall create a
contractual relationship with or a cause of action in favor of a
third party against either the Owner or Architect.
8.6 Unless otherwise provided in this Agreement, the Architect
and Architect's consultants shall have no responsibility for the
discovery, presence, handling, removal or disposal of or exposure
of persons to hazardous materials in any farm at the Project site,
including but not limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or other toxic substances, provided,
however, Architect shall have the responsibility to and shall
report to the Owner the location of any hazardous material that an
Architect of similar skill and expertise should have noticed.
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Agenda Item le
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6.7 Upon receipt of prior written approval of owner, the
Architect shall have the right to include representations of the
design of the Project, including photographs of the exterior and
interior, among the Architect's promotional and professional
materials. The Architect's materials shall not include the owner's
confidential or proprietary information if the Owner has previously
advised the Architect in writing of the specific information
considered by the owner to be confidential or proprietary. The
Owner shall provide professional credit for the Architect on the
construction sign and in the promotional materials for the Project.
ARTICLE 9
PAYMENTS TO THE ARCHITECT
9.1 DIRECT PERSONNEL EXPENSE
9.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the Project and
the portion of the cost of their mandatory and customary contri-
butions and benefits related thereto, such as employment taxes and
other statutory employee benefits, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits.
9.2 REIMBURSABLE EXPENSES
9.2.1 Reimbursable Expenses are in addition to compensation
for Basic and Additional services and include expenses incurred by
the Architect and Architect's employees and consultants in the
interest of the, Project, as identified in the following Clauses.
9.2.1.1 Expense of transportation in connection with the
Project; expenses in connection with authorized out-of-town travel;
long-distance communications; and fees paid for securing approval
of authorities having jurisdiction over the Project.
9.2.1.2 Expense of reproductions, postage and handling of
Drawings, Specifications and other documents.
9.2.1.3 If authorized in advance by the owner, expense of
overtime work requiring higher than regular rates.
9.2.1.4 Expense of renderings, models and mock-ups requested
by the Owner.
9.2.1.5 Expense of additional insurance coverage or limits,
including professional liability insurance, requested by the Owner
in excess of that normally carried by the Architect and Architect's
consultants.
PAGE 16
Agenda No. -VA L- 66) e
Agornda llem--Z~ -0
Colo 9.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
9.3.1 Subsequent payments for Basic Services shall be made
monthly and, where applicable, shall be in proportion to services
performed within each phase of service, on the basis set forth in
Subparagraph 10.2.2.
9.3.2 If and to the extent that the time initially established
in Subparagraph 10.4.1 of this Agreement is exceeded or extended
through no fault of the Architect, compensation for any services
rendered during the additional period of time shall be computed in
the manner set forth in Subparagraph 10.2.3.
9.3.3 When compensation is based on a percentage of Construc-
tion Cost and any portions of the Project are deleted or otherwise
not constructed, compensation for those portions of the Project
shall be payable to the extent services are performed on those
portions, in accordance with the schedule set forth in Subparagraph
20.2.2 based on (1) the lowest bona fide bid or (2) if no such bid
ConstructioniCostcorV detaithe ledm estimates of Construe in estimate
such portions of the Project.
Cost efor
9.4 PAYMENTS ON ACCOUNT of ADDITIONAL SERVICES
9.4.1 Payments on account of the Architect's Additional
Services and for Reimbursable Expenses shall be made monthly upon
presentation of the Architect's statement of services rendered or,
expenses incurred.
9.5 PAYMENTS WITHHELD
9.5.1 No deductions shall be made from the Architect's
compensation on account of penalty, liquidated damages or other
sums withheld from payments to contractors, or on account of the
cost of changes in the Work other than those for which the
Architect is responsible.
9.6 ARCHITECT'S ACCOUNTING RECORDS
9.6.1 Records of Reimbursable Expenses and expenses pertaining
to Additional Services and services performed on the basis of a
multiple of Direct Personnel Expense shall be available to the
owner or the owner's authorized representative for inspection and
copying during regular business hours for three years after the
date of the final Certificate of Payment.
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Agenda No. C -
Agenda ltem--1ee-S-1L2-
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ARTICLE 10
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
10.1 BASIC COMPENSATION
10.1.1 FOR BASIC SERVICES, as described in Article 2, and any
other services included in Article 11 as part of Basic Services,
Basic Compensation shall be:
10.1.2 Progress payments for Basic Services in each
shall total the following percentages of the total Bphase
asic
compensation payable:
o Phase I Schematic Design Phase
(All three buildings combined)
Sub Total $
o Phase I Moore Building
o Design and Development
o Construction Document
o Bidding ~
o Construction
Phase I Sub Total $
o Phase II Old city Hall
o Design and Development
o Construction Document
o Bidding t
o Construction
Phase II Sub Total $
o Phase III Existing City Hall
o Design and Development
o Construction Document
o Bidding t
c construction
Phase III Sub Total $
TOTAL $
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ARTICLE 10 Agonda No. - DO
BASIS OF COMPENSATION A0enda Ilem_!QS
Date _ Z. .
~sZ'Y
The Owner shall compensate the Architect as follows:
10.1 BASIC COMPENSATION
10.1.1 FOR BASIC SERVICES, as described in Article 2, and any other services
included in Article 11 as part of Basic Services, Basic Compensation shall be:
10. Progress payments for Basic Services in each phase shall total the following
Percentages of the total Basic Compensation payable:
Phase I Schematic Design Phase
(All three buildings combined)
Sub Total $28,250
Phase I Moore Building
Design and Development $35,000 24%
Construction Documentation $58,000 40%
Bidding $ 8,750
Construction $43,750 30%
Phase I Sub Total 1439500
Phase II Old City Hall
* Design and Development $ 5,400 39%
* Construction Documentation $ 49320 29%
Bidding $ 1,080 7%
Construction $ 4,320 28%
Phase II Sub Total $ 15,200
Phase III Existing City Hall
Design and Development $ 4,500 100%
Construction Documentation 0%
Bidding 0%
Construction 0%
Phase III Sub Total $189,450
* These fees are based on doing drawings for PROJECTED construction budget
of $200,000 (even if construction does not occur until later).
As outlined In Article 9.2 reimbursed expenses are not included in this base
fee.
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Aganda Ilem_`~~S J, ~
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10.2 COMPENSATION FOR ADDITIONAL SERVICES
10.2.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as
described in Paragraph 2.21 compensation shall be computed as
follows:
On an hourly rate basis, based on Article 10.2.2.
10.2.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described
in Articles 3 and 11, other than (1) Additional Project Representa-
tion, as described in Paragraph 3.2, and (2) services included in
Article 11 as part of Additional Services, but excluding services
of consultants, compensation shall be computed as follows:
Principals $ 95 per hour
other Employees 55 (ave) hourly rate
See Exhibit "A"
10.2.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including
additional structural, mechanical and electrical engineering
services and those provided under Subparagraph 3.4.16 or identified
in Article 11 as part of Additional Services, a multiple of 1,1
times the amounts billed to the Architect for
such services.
10.3 REIMBURSABLE EXPENSES
10.3.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph
9.21 and any other items included in Article 11 as Reimbursable
Expenses, a multiple of 1.1
times the expenses incurred by the Architect, the Architects em-
ployees and consultants in the interest of the Project.
10.4 ADDITIONAL PROVISIONS
10.4.1 IF THE BASIC SERVICES covered by this agreement have
not been completed within _ 24 months of the date
hereof, through no fault of the Architect, extension of the
Architect's services beyond that time shall be compensated as
provided in Subparagraphs 9.3.3 and 10,2.2.
10.4.2 Architect may bill the city for, hours expended every
month, beginning thirty (30) days after the Architect begins the
work and the City shall endeavor to pay the Architect within thirty
(30) days of receiving an invoice. However, the city shall not be
obligated to pay more than 90% of the total contract price to
Architect through monthly invoices, until Architect has completed
all services required by this Agreement.
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Agenda No. w~ ° lJ4
Acgendaltem
10.4.3 Payments are due and payable thirty (30) days from the
date of the Architect's invoice. Amounts unpaid thirty (30) days
after the invoice date shall bear interest at the rate of one
percent (1%) per month.
ARTICLE 11
OTHER CONDITIONS OR SERVICES
(Insert descriptions of other services, identify Additional
Services included within Basic compensation and modifications to
the payment and compensation terms included in this Agreement.)
1. Insurance and Indemnification. Architect shall maintain,
at no expense to Owner, insurance coverage placed with
companies rated at least B+/X by Best's Key Rating Guide,
including a professional liability policy in an amount not
less than one million dollars ($1,0000000)1 including
contractual liability coverage. All insurance polisapplicab!.'
shall name the Owner as additional insured and shall
require the giving of written notice to Owner at least
thirty days prior to cancellation, non-renewal or material
modification of any policies, evidenced by return receipt
of United States Certified Mail.
Architect: agrees to indemnify, hold harmless, and defend
the City, its officers, agents, and employees from and
against any and all claims or suits for injuries, damages,
loss, or liability of whatever kind or character, arising
out of or in connection with the performance by the
Architect of those services contemplated by this Agreement,
based upon allegations of negligent acts or omissions of
Architect, its officers, employees and subcontractors.
2. Architects' proposed work plan dated January 15, 1992.
3, The parties agree that PSA will serve as a consultant to
Corgan Associates Architects on the Police and Courtfs
portion of the Phase I implementation.
PAGE 20
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Agenda No. ~a DCy~f
Agenda Item
Data
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This agreement
written above. entered into as of the day and year first
.
CITY OF DENTON, TEXAS,
OWNER ARCHITECT
BY: BY:
BOB CASTLESERRY, MAYOR e-7
-
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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Agenda Item lies
Date 7- .2/
CITY OF DENTON PHASE I
IMPLEMENTATION OF MASTER/SPACE PLAN
PROPOSED WORK PLAN 2/15/92
The following is Corgan Associates Architects' proposed work plan
for the Phase I implementation of the City of Denton Master/Space
Plan. The supplements below are intended to clarify and give
specific examples of the underlying correuponding contractor
provisions supplemented in the event of a conflict between the
supplement and the contractual provision. The contractual
provisions shall be controlling.
1. SUPPLEMENT TO ARTICLE 2.2; SCHEMATIC DESIGN PHASE:
ORIENTATION, SCHEDULING, PROGRAM ANALYSIS/VERIFICATION
A. Meet with City Staff Representatives to develop schedule
B. Set pertinent dates for Staff reviews of designs
C. Discuss Conceptual Design ideas and functional needs with
City designated representatives, Executive Committee,
Wellness Committee, and Leases where applicable.
D. Verify existing program, including meeting with all
affected departments.
E. Verify spaces and finishes
F. Inspect and re-verify existing HVAC and electrical
conditions
G. Verify owner furnished equipment
?I. SUPPLEMENT TO ARTICLE 2.2; SCHEMATIC DESIGN PHASE:
SCHEMATIC DESIGN
Based on the mutually agreed upon (above) program, schedule,
construction budget and existing conditions, we propose too
A. Review the overall site plan, exteriors, code compliance,
etc. of old City Hall, Existing City Hall and Moore
Building, We will develop initial site plans (including
parking) for each building.
B. Develop schematic floor plans and concepts for all three
buildings.
C. Review initial floor plans, interior elevations and
design concept sketches with the City.
D. Develop interior finish selection and concepts,
E. Submit to the City a preliminary detailed estimate of
Construction cast based on current area, volume or other
unit costs and which indicates the cost of each category
of work involved in construction all three facilities,
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Agenda Item ~S v
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F. Establish a time table for the period of time from the
commencement to the completion of construction for the
three buildings.
Produ,3t:
1. Schematic site plans
2. Schematic space plans
3. Schematic Architectural design for adaptive reuse of
Moore Building
Approval:
Secure City of Denton approval of schematic plans
ITT. SUPPLEMENT TO ARTICLE 2.3; DESIGN DEVELOPMENT PHASE:
DESIGN DEVELOPMENT
Based upon the approved schematic Design Documents and any
adjustments authorized by the City of Denton in the program,
schedule or construction budget, we will prepare for the
Cityts approval Design Development Documents consisting of
drawings and other documents to fix and describe the size and
character of the proposed work at the Moore Building, old
City Hall and the existing city Hall (one at a time
separately) as to architectural, structural, mechanical and
electrical systems, materials and such other elements as may
be appropriate which shall comply with all applicable laws,
statues, ordinances, codes and regulations. In fulfilling
this step, we will;
A. Refine site plans (including parking), floor plans,
interior and exterior (Moore Building) elevations of the
three facilities with the City Staff.
B. Develop and review preliminary engineering drawings (MEP
and Structural as required)
C. Develop, prepare and review further detailed cost
estimate with City staff
D. Develop and prepare phasing and specific "move" plans for
each affected department.
E. Review and recommend approval of lease agreements
associated with Phase I work.
Produott
1. Developed site plans of Moore Building, Old City Hall and
existing City Hall
2. Develop final space plans for each department
PAGE 2
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Agenda No.
Agenda Itenl_ s
tare 3-~2..L
3. Develop final Architectural design for interior/ exteriors
(Moore Building).
4. Phasing/move pi.ans and recommendations
Approval:
secure City of Denton approval of developed design
IV. SUPPLEMENT TO ARTICLE 2.4; CONSTRUCTION DOCUMENTS PRASE:
CONSTRUCTION DOCUMENTATION
Based on the approved Design Development Documents and any
further adjustments in the scope or quality of the Project or
in the construction budget authorized by the city, we will
prepare, for the City's approval, Construction Documents
consisting of Drawings and Speoification setting forth in
detail, requirements for the, construction of the proposed
work at the Moore Building, and Ist floor only of Old City
Hall (one at a time separately), which shall comply with all
applicable laws, statutes; ordinances, codes and regulations.
We will advise the City of any adjustments to previous
preliminary estimates of Construction Cost indicated by
changes in requirements or general market conditions.
We will assist the city in connection with the city's
responsibility for filing documents required for the approval
of governmental authorities having jurisdiction over the
project.
In fulfilling the above steps, we will:
A. Review final developed design plans with City Staff
B. Produce Construction Documents (including Specifications)
C. Finalize all materials selections
D. Meet with relevant City off.i.c.ials on final review of code
compliance
E. Finalize cost est.imatn
F. Present and review with City Staff
G. Coordinate with City Traffic Control on Moore Building
site and street plans.
Product:
1. Construction documents
2. Final cost estimates
3. Bid proposal forms, etc.
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Agenda No,
Agenda Item R l~
Date
Approval:
Secure City of Denton approval of construction documentation
V. SUPPLEMENT TO AUITICLE 2.5; BIDDING
BIDDING/BID OPENING
Following the City's approval of the Construction Documents
and of the latest preliminary estimate of construction Cost,
we shall assist the City in obtaining bids and assist in
awarding and preparing contracts for construction.
In fulfilling this step, we will:
A. Deliver completed Construction Documents and,
Specifications, incluring Invitation to Bid, Bid Bond,
Performance Bond, Payment 9ond, etc, requirements to City
of Denton for approval ane~ distribution to General
contractors.
B. Ensure that Corgan Associates Project Architect answers
Contractor questions during bidding period.
C. Be present and assist with bid opening.
D. Assist in review of bids received; make recommendations
to city.
Approvals
Secure City of Denton approval on bids and successful
contractor.
VI. SUPPLEMENT TO ARTICLE 2.5i; CONSTRUCTION
CONSTRUCTION
Upon the award of a Contract for Construc"ion, we will
provide administration of the Contract for Construction as
set forth below and the City of Denton's General Conditions
of the Contract for Construction.
Tn fulfilling this phase, we will:
A. CAA Construction Administrator, with the City, hold Pre-
Construction Meeting
B. CAA will make field visits to construction area to review
Contractor's work progress and make field reports per
contract.
C. CAA will evaluate Contractor/s Applications for Payment
and will review and certify the amounts due Contractor.
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Agenda No. 9 o
Agenda Item IeS 6-~
Date -6
D. CAA will reject Work which does not conform to the
Contract Documents and will order additional inspection
or testing it considers necessary or advisable for
implementation of the intent of the Contract Documents.
E. CAA to review contractor Shop Drawings.
F. CAA to prepare change orders it deems necessary.
G. CPA to review and process Contractor submitted operating
Manuals.
H. CAA will conduct inspections to determine the dates of
Substantial Completion and Final Completion, prepare
final punch list and issue Certificates of Substantial
Completion and Final Completion.
I. CAA will receive and review written guarantees and
related documents required by the Contract Documents and
assembled by the Contractor and will issue a Final
Certificate for Payment upon completion of final punch
list.
Approval:
Secure City of Denton approval.
AAA004D7
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CITY
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Agenda No. a" 00 _
Agenda Item S S _
CITY COUNCIL REPORT FORMAT Ibte ^ 3 . 7
Un e
TO: Mayor and Members of the City Council C/
FROM: Lloyd V. Harrell, City Manager
SUBJECT: No parking on the south side of Windsor Drive in front of
proposed Food Lion Store
R CO _ ENDATION:
Citizens Traffic Safety Support Commission recommends approval
SUARY:
This ordinance will prohibit curb parking on the south aide of
Windsor Drive in front of proposed Food Lion Store
BACKGROUNDS
The sidewalk on the south side of Windsor at this location carries
student pedestrian and bicycle traffic to and from Strickland
Junior High, Curb parking would impair corner sight distance of
drivers exiting the proposed Food Lion driveway on Windsor. This
ordinance is an effort to minimize potential conflict between
pedestrian traffic and vehicular traffic.
PROGRAMS DEPARTMENTS OR GROUPS AFF cTED
General public, Denton Police Department, Engineering and
Transportation Department
FISCAL IMPACT!
About $200 worth of signs and markings
AELc.+c1:1.~;F
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Agenda No. ~9
Agenda Ilem___ -S
L0lo.'i~- ~Z
MEMORANDUM
DATE: January 22, 1992
TO: Citizens Traffic Safety Support Commission
FROM: Paul Iwuchukwu, Traffic Engineer.
SUBJECT: February 3, 1992 meeting
IILM #1 APPROVAL OF JANUARY 6, 1992 MINUTES
ITEM j02 REQUEST FOR NO PARKING ON WINDSOR IVE
Staff is requesting no parking on the south side of
Windsor Drive just east of its intersection with N.
Locust Street (F.M. 2164). The no parking zone will
cover the entire frontage, along Windsor Drive, of the
proposed Food Lion grocery store.
The sidewalk on the south side of Windsor Drive carries
significant school traffic to and from Strickland Junior
High School, the adjoining property to proposed grocery
store. During the Planning and zoning meeting of
January e, 1992, the question arose as to how to manage
pedestrian traffic on the sidewalk, and the traffic on
the food Lion driveway. When vehicles are parked on the
south side of Windsor, the corner sight distance of
motorists exiting the driveway would be impaired. This
poses a potential hazard to pedestrian traffic. Members
of the Planning and zoning (P & Z) commission
recommended the use of a no parking zone to prevent this
from occurring. Staff agrees with this recommendation
because it provides a permanent solution to this
potential problem.
Staff recommends approval of an ordinarne establishing
a no parking zone on the south side of Windsor Drive
beginning from N. Locust street to a point approximately
437 feet east of N. Locust Street, being the north
property line of proposed Food Lion grocery store.
r.
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Agenda No.. 00
Agenda Nam. /12___
MINUTES pale 7 _ ~-?J
Citizens Traffic Safety Support Commission
/
February 3, 1992 ~ V
PRESENTt Alice Gore, George Kay, John Erwin, Betty Duncan, Dawn Baldwin, and
Doug Chadwicit, Chairman
ASSENTt Terry White
STAFFt Paul Iwuchukwu, Staff Lialmon
Jim Dotson, Police Department
ITEM 01 REVIEW OF JANUARY 6, 122LMINUT a'
Kay made a motion to approve the minutes as written, Baldwin
seconded the motion. Motion passed unanimously,
ITEM /2 REQUEST FOR NO PARRItiG ON WINaa~e no...v
Iwuchukwu presented the request. This request was referred to CTSSC
by the chairman of the Planning and Zoning Commission. It was
suggest*d that something be done on the mouth side of Windsor Drive
because of the existing sidewalk that carries the junior high
students to and from school. There is a general consensus that there
is a need to make that frontage a "no parking" area to minimize
conflict from the driveway entrance to the proposed Food Lion store.
Staff thinks that this would provide adequate corner clearance for
vehicles exiting the driveway and th*rsby, eliminate potential
accidents or conflicts between the student and vehicle traffic,
There is no other property affected in .his came, Food Lion is in
favor of "no parking" as is the junior high principal. This request
was initiated by the school officials.
Staff fools that this would be a good safety measure and recommended
approval.
STAFF RkCOMMENDEDi Approval
COMMISSIONSRSt Gore made a motion to accept staffs recommendation of
approving "no parking" on Windsor Drive as indicated.
Erwin seconded the motion. Motion passed unanimously,
I
Fbeeda No. Ga - c~ n
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NO PARKING ON THE SOUTH SIDE
OF WINDSOR DRIVE
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;vnda No. CIS ° LSD 9
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Agenda Ilem__
iA11e ~
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING
OF VEHICLES ON THE SOUTH SIDE OF WINDSOR DRIVE, FROM ITS INTER-A POINT
37
OF T SECTION WITH NORTH OF NO THTLOCUST STREET; PROVIFEET SEVER
EAST RIGHT-OF-WAY LINE NE
EFFECTIVE DATET TO EXCEED TWO HUNDRED
SDE/CLARONG PRVIDING
DOLLARS; AND
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTIoN 1. When signs are erected giving notice thereof, no
to tlh e following street or
person shall park a vehicle atfnDenton,upon
portion thereof, in the City
of ion with The south side of Windsor Drive, 4from fts inte se tthe east
North Locust Street to a point
right-of-way line of North :.ocust Street.
&=I ON_ . That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
court
thereof to any person or circumsta.noe is held inla not baffect the
of competent jurisdiction, such holding shal and the City
validity of the remaining portions of this ordinance, a ares Council of the City of Dennton,Tedas, h er any sdecl uch invat would have
enacted such remaining p
SFrmI ON 1-U. Any person who shall iolate
ith oz with anyr ofithenr.equire5
ith
ordinance, or fails to comply therewereunder)
thereof, or of a permit or certificateifine nothexceeding
shall be guilty of a misdemeanor punishable by a
Two Hundred Dollars ($200.00). Each such person shall be deemed
guilty of a separate offense for each and every day or portion
thereof during which any violation of this ordinance
violations tted,
or continued, and upon conviction of any such such
person shall be punished within the limits above.
ecome four,
~FCTION IV, That this ordinance shall
and the Citytsecretary
teen (144 days from the dote of its pa g
is hereby directed to cause the caption of this ordinance
official
published twice in the Denton Reeoad-Chroniclten he days of
newspaper for City of Denton, Ts, (10)
the date of its passage 1992.
F~ASSED AND APPROVED this tj.e day of
SOB CASTLE~3EFtF2Y, MAYOR
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Agenda No.
Agenda Item'S
bale ~zJ
ATTEST:
JENNIFER WALTERS, CITY SECRETARY Cv
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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Agenda No. Agenda Item
CITY COUNCIL REPORT Date
I f7/i~2
DATE: March 17, 1992
TO: Mayor and Members of the City Council
FROM, Lloyd V. Harrell, City Manager
SUp7ECT: Abandonment of Jennette Street
RGOMMENDATIOK
The Development Review Committee recommends approval
The Planning and Zoning commission recommends approval
SUMMARYIBACKGROUND:
The attached plat illustrates the proposed Jennette street
abandonment. The Engineering and Transportation Department is
initiating this abandonment. Denton Independent School District,
owner of the adjacent tract, is in favor of this abandonment. A
drainage and public utility easement will be reserved in a portion
of the tract to be abandoned.
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Agenda No,
Agwo item-
uatff.-3 - ~12 -~V2-
~
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING
JENNETTE STREET LOCATED NORTH OF MILL STREET IN THE ALEX ROBERTSON
ADDITION OF THE C:CTY OF DENTON, TEXAS AS A PUBLIC STREET) RESERVING
A DRAINAGE AND UTILITY EASEMENT THEREIN; AND DECLARING AN EFFECTIVE
DATE,
WHEREAS, the Planning and zoning Commission has recommended
that Jennette street located north of Mill Street in the Alex
Robertson Addition of the City of Denton, Taxas, be abandoned and
vacated as a public streets and
WHEREAS, the City Council has determined that portion of the
street being abandoned and vacated is nu longer needed for public
user and
WHEREAS, the fair market value of the street easement has been
determined and received, as required by section 272.001 of the
Local Government Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs
SECTION 1, That the 60.0 foot wide public street right-of-way
of Jennette Street described in Exhibit A, attached to and incor-
porated into this ordinance by reference, is abandoned and vacated
as a public street; provided, however, that there is expressly
reserved and excepted from vacation and abandonment in the
property, a drainage and utility easement described in Exhibit Be
attached hereto and incorporated by reference hereiyt, for the
purpose of constructing, reconstructing, repairing, and maintaining
drainage and public utilities.
SECTI II. That by operation of law the City of Denton's
property interest in the street easement abandoned and vacated
shall revert to the abutting property owner, whether one or more,
and the City of Denton releases all claims to the use of the
property for street purposes.
SECTION 1~1, That this ordinance shall become e.'fective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the day of 1992.
BOB CASTLEBERRY, MAYO12~~ u
Y
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Agenda No. ~Ol ` c~ 0
Agenda Item
!~~S
o
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORMi
DE/BRA A. DRAYOVITCH, CITY ATTORNEY
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BY
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EXHIBIT A Agenda No,_114~
METES AND BOUNDS DESCRIPTION AQendo Ilem_ ~~S J
Daso
ABANDONMENT OP JENNETTE STREET
BEING all that portion of Jennette Street lying North of the North right-of-way line of Mill
Street as dedicated on the plat of the Alex Robertson Addition to the City of Denton, Texas,
according to the plat thereof recorded in Volume 1, Page 19, Plat Records of Denton County,
Texas, and being further described by metes and bounds as follows;
BEGINNING at the intersection of the North right-of-way line of Mill Street (a 60 foot right-of-
way) and the West right-of-way line of Jennette Street (a 40 foot right-of-way), said point also
being the Southeast corner of Lot 1, Block 9, Alex Robertson Addition;
THENCE N 280 53' 12" W with the West line of Jennette Street, 231,71 feet to the North
corner of Lot 1, Block 9;
THENCE. North 91,44 feet to a point In the South line of the M-K-T Railroad Wye Track Line,
said point being in a curve to the Right with a radius of 421,68 feet, an internal angle of 50 26'
28", and whose center bears S:51' 24' 25" W;
THENCE Southeasterly along said curve to the Right, a distance of 40,04 feet to a point In the
West line of the M-K-T Railroad Main Line Track Right-of-Way (a 100 foot Right-of-Way), said
point being in a curve to the Left with a radius of 2,239,65 feet, a central angle of 71 39' 34",
and whose center bears N 65' 38' 44" E;
THENCE Southeasterly along said curve to the Left, a distance of 299,40 feet to a point;
THENCE N 880 01' 02" W 52,86 feet to the Place of Beginning, and containing 0,289 acres
(12,605 square feet) of land,
49f ente, fn
Agenda No,
Agonda Hum
EXHIBIT B Dolo.~
zr T
BEING a portion of Jennetta Street lying North of the right-of-way
line of Mill 6trest as dedicatsA on the plat of the Alex Robortson
Addition to the City of Denton, Texas, according to the plat
thereof recorded in Volume 1, Pago 19, Plat Records of Denton
County, Texas, and being further described by motes and bounds as
follows$
COMMENCING at the intersection of the North right-of-way line of
Mill Street (a 60 foot right-of-way) and the Hest right-of-way line
of Jennetta Street ( a 40 food right-of -way), said point also being
the Southeast corner of Lot 1, Block 9, Alex Robertson Addition;
THENCE north 280 $31 1211 west with the west line of Jennotte
street, 231.71 feet to the North corner of Lot 1, Block 9;
THENCE north 64.94 feet to the POINT OP BEGINNING;
THENCE north 26.50 loot to a point in the south line of the M-K-T
Railroad Wye Track Lino, said point being in a curve to the right
with a radius of 421.68 feet, an internal angle of s° 261 2811, and
whose center bears south $10 241 2511 Meet;
THENCE southeasterly along said curve to the right, a distance of
40.04 foot to a point in the west line of the M-K-T Railroad Main
Line Track Right-of-Ray Is. 100 foot Right-of-Way), said point being
in a curve to the left with a radius of 2,239.66 foot, a central
angle of 70 39' 3411, and whose center bears north 650 381 4411 east;
THENCE southeasterly along said curve to the left, a distance of
299.40 feet to a point;
THENCE north 880 011 0211 west 19.17 feat to a point, said point
being in a curve to the right with a radius of 2255.65 feet, a
central angle of 76 210 1611, aa& whose' centers bears north 594 13f
3510 east;
THENCE northerly along said curve to the right, a distance of
294.53 foot to a point, said point being in a curve to the left
with a radius of 405.68 feet, a central angle of 20 201 3511 and
whose center bears south 560 401 3411 west;
THENCE northerly along said curve to the left, a distanoo of 16.59
feet to the Place of Beginning and containing $116 square foot of
land.
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P&Z Minutes Agenda Item A-Is 51C
February 12, 1992
Page 14 p
Don Leander, 1517 Angelina Bend, stated that he is vice president of his
neighborhood association which is looking at the possibility of a neighborhood park.
There is no nearby park. There is a lot of unused land in the floodplain behind San
Jacinto Plaza. There are a lot of people that walk or jog through the neighborhood,
It would be great to have a jogging trail. Their proposal Is being included In the
MOM% Parks Department CIP proposal, There Is a section off of Colorado along the creek
that can't be developed. It Is jungle like in the summer, That could be prevented
by putting in a jogging trail and it would be inexpensive. They hope to see some
boulders moved but don't need any concrete. They want a porous gravel. They have
checked with the developers and the 1...id is up for grabs. The Parks Department Is
also interested In putting in a real park by Provident Bank.
Ms. Simpson said that Mr, Leander's proposal will be included in the staff
recommendation to the Park's Board.
Mr, Holt thanked people for attending the public hearing,
$gililar P&Z Meeting It imed
VII. Consider the abandonment of Jennett Street
Mr. Salmon stated that at the request of DISD, the City has proposed to abandon
its portion of Jennett Street along the DISD property. A portion of they street is
already on private property and railroad right-of-way. There is no real need for a
street all around the property and there is an alternative,, safer route.
Mr. Engelbrecht asked if the railroad is in operation.
Mr. Salmon said that it is not used, It Is the same line that goes out by the mail.
Large portions of the tract aie deteriorated.
The Commission discussed the abandonment.
It was moved by Mr. Glasscock, seconded by Mr. Engelbrecht, and unanimously
carried (5.0) to approve the abandonment of Jennett Street.
VIII. Consider the abandonment of drainage easements In Blocks D, F., and 1~, Northwood
Addition,
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Agenda No.
Agenda Item
CITY COUNCIL REPORT Date
DATE: March 17, 1992 C~
TOt Mayor and Members of the City Council
FROMt Lloyd V. Harrell, City Manager
SUBJECT: Partial Drainage Easement Abandonment
Lot 40, Block 5, Northlake Park Addition
$,ECOMME~j~TION s
The Development Review Committee recommends approval
The Planning and Zoning commission recommends approval
L 5UMMARY/$ACKL4ROUN }j_2
The attached plat illustrates the portion of the drainage easement
to be abandoned. Dr. Wayne Blankenship is requesting this
abandonment. His house is encroaching into the 81 drainage
easement by less than 1211 on the south side. This encroachment has
existed for a number of years and has caused the city no
difficulty.
ALL00179
AOunda No,
hgnnda ilem_
ORDINANCE N0.
AN ORDINANCE VACATING A PORTION OF THE DRAINAGE EASEMENT IN LOT 40,
BLOCK 51 NORTHLAKE PARK ADDITION, PHASE V, TO THE CITY OF DENTON,
TEXAS) AND DEC3'MING AN EFFECTIVE DATE.
WHEREAf3, the City council of the City of Denton has determined
that the easement being vacated is no longer needed for public use)
and
WHEREAS, the fair market value of the easement has been
determined and received, as required by section 272.001 of the
Local Government Code= NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSI
SECTION I That the easement, as described in Exhibit A,
attached hereto and incorporated in this ordinance by reference, is
permanently vacated as an easement for drainage purposes.
SECTION II. That by reason of such vacation, the city of
Denton's property interest in the easement shall, by operation of
law, revert to the owner or owners abutting the easement abandoned
and the City of Denton releases all. claims to the use of the
property as an easement for drainage purposes.
SECTION 111c That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1992.
BOB CASTLEBERRY, MAYOR
ATTESTt
JENNIFER WALTERS, CITY SECRETARY
BYt
APPROVED AS TO LEGAL FORMt
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
Aganda M1o.. ~a - 4n
Agonda Item ,Z-IS6,61-
7
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EXHIBIT "A"
ALL that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas, in the
Robert Beaumont Survey, Abstract 31 and being part of Lot 40, Block
5 of the Northlake Park Addition, Phase 51 an addition to the City
of Denton, recorded in Cabinet D, Page 151 of the Plat Records of
Denton County, Texas and being more particularly described as
follows
COMMENCING at the southeast corner of said Lot 40, same being the
northeast corner of Lot 41, of said Northlake Park Addition, said
point also being the southeast corner of a drainage easement and a
point on the west line of Northlake Trailf
THENCE north 010 291 21" east along the east line of said Lot 40
and the west line of Northlake Trail a distance of, a feet to point
for corner, said point being the northeast corner said drainage
easement)
THENCE north 880 301 39" west along the north line of said drainage
easement a distance of 30 feet to the POINT OF BEGINNINGI
THENCE south 610 291 2111 west a distance of 5 feet to a point for
corned
THENCE north 880 301 39" west a distance of 65.99 feet to a point
for nornerr
THENCE north 740 021 west a distance of 10 feet to a point for
corner, said point lying on the north line of said drainage
easement;
THENCE south 880 301 39" east along the north line of said drainage
easement a distance of 80 feet to the POINT OF BEGINNING and
containing 182.5 square feet of land,
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P&Z Minutes AwOa No. 2 -4n
February 26, 1992 Agenda item S- 7'
Page 4 Daly,
Motion was made by Mr. Glasscock to recommend approval of the annexation of
23.059 acres and its zoning to SF-16 pending approval of the annexation by City
Council. Motion was seconded by Mr, Kamman and carried unanimously (5-0),
V. Abandonments
a. Consider the partial abandonment of an casement In Lot 40, Block 5 of the
North Lakes Park Addition,
Mr, Salmon explained that the reason for the abandonment is that the house
is built about a foot into the easement and the overhang is two and one-half
feet into the easement, The builder built the house over the easement and
no one caught it at that time, This portion of the easement is proposed to be
abandoned so that the house title can be cleared and the house can be sold.
There is still room to maintain the dtainage pipe. There is another 8' of
easement on the adjoining lot plus 5' will be left on this site. Staff
recommends approval,
It was moved by Mr. Engelbrecht, seconded by Mr. Kamman, and
unanimously carried (5-0) to approve the partial abandonment of an easement
in Lot 40, Block 5 of the North Lakes Park Addition,
b, Consider approval of the abandonment of the final plat of the 288 Center,
Mr. Robbins explained that this Is a vacation of a recorded lot. The lot lines
are not where the owner wants them to be and State law allows this method
to remove lot lines, There Is no infrastructure In place and zoning is not
affected. Another plat will be need prior to any development. Staff
recommends approval.
Mr. Kamman moved to approve the abandonment of the final plat of the 288
Center. Motion was seconded by Mr. Huey and unanimously carried (5-0).
C. Consider abandonment of an alley in the Mrs. McKennon Addition.
Mr. Salmon reported that the alley was platted between Oak and Hickory
from Carroll going west with the original subdivision in 1878. Since then, new
streets have been added and several replats have been done. There is no
evidence that the alley has ever physically existed. The original plat showed
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Agenda Item
CITY COUNCIL REPO Date 'I
DATES March 17, 1992 l/
TO: Mayor and Members of the city council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Alley Abandonment in the Mrs, McKennon Addition
c..
RECOMMENDATION.
The Development Review Committee recommends approval
The. Planning and zoning commission recommends approval
SUMMARY f BACKGROUND s
c
Attached is a drawing illustrating the Mrs, McKennon Addition plat
in relation to current ownership, since the time it was originally
subdivided, the owners have not necessarily conformed to the
original lot lines. The drawing shows a 20' east-west alley
between the lots fronting oak Street and hickory street.
Presently, the owners along the alley are occupying it by fence,
outbuildings, garages, eto. This has been verified by a replat of
one tract and a lot survey of another tract in that addition.
It has been requested that this alley be formally abandoned. As
far as City staff can determine, the alley in question has not been
used as an alley for a long time and no record can be found of
previous abandonment.
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Nenda No. Agonda Ijam_L- d l
c~S L/
ORDINANCE No.
AN ORDINANCE OF THE CITY OF DENTONr TEXAS, ABANDONING AND VACATING
AN ALLEYWAY LOCATED IN THE MRS, MCKENNON'S ADDITION OF THE CITY OF
DENTON, TEXAS, RL'CORDED IN VOLUME J, PAGE 438 IN THE DEED RECORDS
OF DENTON COUNTY, TEXAS, AS A PUBLIC ALLEYWAY; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commi:.sion has recommended foot
that a
wide
yway located In the Mrs. MoKennon's
alle Addition2of0the City of Denton, Texas, recorded o
438 of the need Records of Denton County, Texas on Volume J, page
vacated as a public alleyway; and , be abandoned and
WHEREAS, the City Council has determined that portion of the
alleyway being abandoned and vacated is no longer needed for public
use; and
WHEREAS, the fair mar'-et value of the alleyway
determined and received, as required by section 0ia of tithe
Local Government Codef NoW0 THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
in EXh b +At+ That the 20.0 foot wide public alleaed
I attached to and incorporated into this ordinancebby
reference, is abandoned and vacated as a public alleyway.
~$ECTI-- 0--j- U. That by operation of law the City of Denton's
property interest in the alleyway abandoned and vacated shall
revert to the abutting property owner, whether one or more, and the
City of Denton releases all claims to the use of the property for
the purpose of an alleyway.
Immediately pon. its passage this ordinance shall become effective
passage and approval.
PASSED AND APPROVED this the
day of 1992.
BOB QABTLEBEPRYr MAYoR
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JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAI, FORM;
DEBRA A, DRAYOVITCH, CITY ATTORNEY
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Agenda No. C_ UD L/ _
Agenda Ileio X?s ~-!L
EXHIBIT "All Rite
ALL that certain lot, tract or parcel of land lying and being
situated in the City and County, State of Texas, in the William
Neil Survey, Abstract Number 971 and being part of the Mrs.
McKennon's Addition, an addition to the City of Denton, recorded
July 20, 1878 in Volume J, Page 438 in the, Deed Records of Denton
County, Texas and more particularly described as follows;
BEING all that certain 20 feet wide alley as described in said Mrs.
McKennon's Addition and more particularly described as follows]
THE lotm are divided in center between oak and Hickory streets by
an alley 20 feet wide, the center line of the alley being 150 feet
north. of the north line of Hickory street and 210 feet south of the
north line of Oak street.
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OAK CARROLL
d 150' 86' 100' 86' : 915, 65, 82.6' 104.89' d m5, 6' f s,
WEST OAK
INC. 10 115 666 68.6 115 76 666 666 96
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P&G Minutes Ap011da Ilom_lf~io
February 26, 1992
Page 4 gate 1~--
motion was made by Mr. Glasscock to recommend approval of the annexation of
23.054 acres and its zoning to SP-16 pending approval of the annexation by City
Council. Motion was seconded by Mr. Kamman and carried unanimously (5-0).
V. Abandonments
a. Consider the partial abandonment of an easement in Lot 40, Block 5 of the
North Lakes Park Addition.
Mr. Salmon explained that the reason for the abandonment is that the house
is built about a foot into the easement and the overhang is two and one-half
feet into the easement. The builder built the house over the easement and
no one caught it at that time. This portion of the easement is proposed to be
abando.-red so that the house title can be cleared and the house can be sold.
There is still room to maintain the drainage pipe. There Is another 8' of
easement on the adjoining lot plus 5' will be left on this site. Gaff
recommends approval.
It was moved by Mr. Engeibrech4 seconded by Mr. Kamman, and
unanimously carried (5-0) to approve the partial abandonment of an easement
in Lot 40, Block 5 of the North Lakes Park Addition.
b. Consider approval of the abandonment of the final plat of the 288 Center.
Mr. Robbins explained that this Is a vacation of a recorded lot. The lot lines
arr: not where, the owner wants them to be and State law allows this method
to remove lot lines. There is no infrastructure in place and zoning Is not
affected. Another plat will be need prior to any development. Staff
recommends approval.
Mr. Kamman moved to approve the abandonment of the final plat of the 288
Center. Motion was seconded by Mrs Huey and unanimously carried (5-0).
c. Consider abandonment of an alley In the Mrs. McKenno-1 Addition.
Mr. Salmon reported that the alley was platted between Oak and Hickory
from Carroll going west with the original subdivision in 1878. Since then, new
streets have been added and several replats have been done. There is no
evidence that the alley has ever physically existed. The original plat showed
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Agenda No
P&Z Minutes Agenda Uri-
February 26, 1992-
Page 5 date ,r~ f
Oak and Hickory to be 320' apart but they are actually only 300' apart,
People have built in the alley and it serves no purpose, There is no
pavement. Staff recommends approval.
Mr. Engelbrecht asked if property owners were siotifi~,,d of this action,
Mr, Salmon said that he does not know if each one has been notified, In the
past, several people hove requested to have the alley abandoned and this
action is being taken at someone's specific request, There are no utilities in
the alley. The abandonment will just clear up the records.
Motion was made by Mr, Glasscock, seconded by Mr, Kamman, and
unanimously carried (5.0) to approve the abandonment of the alley In the
Mars, McKennon Addition.
Vl, Consider the removal of two protected trees from an alleyway between Gober and
Aileen Streets, north of Carlton Street, in conjunction with a C.I.P. project.
Mr. Cosgrove reported that the Commission considered the removal of these trees
at their Jtinuary 22, 1992 meeting. They asked that affected homeowners be notified
of the tree removal, Letters were sent out and there were two responses. Neither
had any problem with the removals and one was happy about the removals.
It was moved by Mr. Engelbrecht, seconded by Mr. Kamman, and unanimously
carried (5-0) to approve the removal of two protected trees from an alleyway
between Gober and Aileen Streets, north of Carlton Street.
VII, Work Session to discuss the Capital Improvement Plan (CIP).
Kathy D iBose explained that the Commission had requested an explanation of the
CIP pm;ess at their joint meeting with the Public Utilities Board (PUB), She
introduced Corrie Gil of the Finance Department.
Ms. Gil explained that the Capital Improvement Plan is a five year plan from which
the capital budget is formulated. The capital budget is a one year budget that is
approved by the City Council for the following fiscal year, When the capital plan is
to be considered, a letter is sent out to boards, commissions, and interested citizens
notifying them of the upcoming public hearing. A the same time, there is a staff
budget .kick off to get staff thinking about the capital process, At the public hearing,
I~
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Agonde No. 7
Agenda Itom~s_5~_
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON APPROVING THE RETAINER OF THE
LAWFIRM OF HOWARD E. WATT, P.C. TO REPRESENT THE CITY IN PENDING
LITIGATION; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Council of the City of Denton approves
the retainer of the lawfirm of Howard E. Watt, P.C. to represent
the City, at the billing rate of $100 per hour, in pen,ling the
litigation of Jolyr_in Nichols. Ken Youngblood. an Heather Frick.
Nathan Nicole Nichols vs. The City of Denton, and r~E
Sputhwest. Inc.
SECTION 11. That the city council hereby authorizes the
expenditure of funda therefore.
SECTION III. That this ordinance shall become effeutive
immediately upon its passage and approval.
j
PASSED AND APPROVED this the day of , 1992.
BOB CASTI,EBERRY, MAYOR
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM.
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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,~Oenda No. dd0CC2__ 00
'Agenda itemL~2_
Date
ORDINANCE NO. _ GL.Q
AN ORDINANCE OF THE CITY OF DENTON APPROVING A CONTRACT RETAINING
R. WILLIAM WOOD OF THE LAWFIRM OF WOOD, SPRINGER & LYLE, P.C., TO
REPRESENT THE CITY IN PENDING LITIGATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute a contract between the City of Denton R. William Wood of
the lawfirm of Wood, Springer & Lyle, P. C. to represent and
provide legal services to the City in litigation styled David L.
Smith and Lavon Smith vs. Ernest Calvert. Individually; Calvert
Paving Corp., and the City of Denton, and Jack W. G snie d/b/a
Jack W Gillispie CLU Investments vs, City p _t ton,. Texas, under
the terms and conditions contained within said contract, a copy of
which is attached hereto and made a part hereof.
SECTION T.I. That, the City council hereby authorizes the
expenditure of funds in accordance with the contract.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1992.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYt
APPROVED AS TO LEGAL FORMt
DEBRA A. DRAYOVITCH, CITY ATTORNEY
~ I
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BY ILA
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Adnnda No. ?a lJ0 _
Agenda Item_ '5
CONTRACT OF EMPLOYMENT AND AUTHORIZATION
The undersigned, ("Client"), employs the law firm of WOOD,
SPRINGER & .LYLE, A PROFESSIONAL CORPORATION, ("Attorneys"), to
perform all legal services which, in Attorneys' judgment, are
reasonably necessary to properly manage the following legal
matters:
Represent the City's interest in Gillespie vs. City of Denton
and 3 {th vg City of pan-ton,
Client authorizes said Attorneys to file pleadings on its
behalf, negotiate on its behalf, and to take such other legal steps
and procedures as may be appropriate in handling its legal matters.
Client acknowledges that the Attorneys have told client: that they
can make no guarantees of a successful or satisfactory outcome of
the dispute.
In consideration of the employment of Attorneys, Client agrees
to pay Attorneys as follows:
1. Hourly fee of $120.00 per hour for Attorney's work.
2. Hourly fee of $40.00 per hour for Legal Assistant's
work.
Client will be charged a fee equal to the number of hours
worked times the hourly fee applicable. The charges shall be sent
to client in periodic statements. it is understood that Bill Wood
will be responsible for the litigation and that he shall be the
primary attorney in the firm rendering legal services.
U T:.f4t'~
Agenda No, ' 4
Agenda lion) /t r
Client is solely responsible for all court costs, investl,ga-
tion fees, deposition expenses, and other items of expense, which
include minimal file initiation fee, long diatance telephone calls,
photostatic copies and certified mail expenses. Client agrees to
reimburse Attorney upon veceipt of invoices for such expenditures.
Expenses shall be reimbursed with payments of Attorneys'
statements. Attorneys agree to submit, upon request, a detailed
breakdown of expenses.
If Client fails to pay any amount due Attorney within Tan (io)
days of demand, Attorneys may terminate the relationship of
attorney/client and withdraw as client's Attorneys without further
responsibility to proceed in its behalf. Client may terminate
Attorneys' services at any time.
Amounts recovered from the opposing party for attorney's fees
and court costs shall be credited against the amounts owed by
Client to Attorneys, but only when such amounts are ggjMAjjy
received by Attorneys,
SIGNED this day of
1992.
WOOD, SPRINGER & KYLE, CITY OF DENTON, TEXAS
A PROFESSIONAL CORPORATION
BY: BY:
Page 2
CITY
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Agenda No. jd C
Agenda Ilem-.Z_
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CITY CO ICIL REPORT FO AT
TOt mayor and members of the city council
FROMt Lloyd V. Harrell, City Manager
SUBJECTS Preliminary Plat of the A. Goldfield Additions Lots 1 and 2, Block A
RECD 'NDATIONt
The Planning and Zoning commission recommended approval 3-1 at its
meeting of February 26, 1.992.
SUMMARYt
The 6.427 acre site is accessed by Southmont Drive, and lies between
Carmel and Pennsylvania. Drives. There is currently one residential
structure on the land► a second residence is proposed.
One of the two public improvement proposed is a fire hydrant. along the
east property line. The fire hydrant shown and the drive provide for
adequate fire protection. Fire hydrant distance to the existing
structure, the converted barn, is as good as the worst spacing
currently provided on Montecito, and about equal to the hydrant spacing
to the home south and adjacent to the proposed plat. The new residence
will front on a public cul-de-sac.
The plat conforms to the minimum requirements of the Subdivision and
Land Development Regulationel Chapter 34 of the Code of ordinances,
if the council concuve with the Planning and Zoning Commission and the
Development Review committee, that the plat confirms to Chapter 34, the
plat must. be approved, according to Article 212.010 of the Local
Government code, attached.
BACKOROUMI
City services and facilities, including water, gaa, sanitary sewer,
telephone, electrical, and, solid waste, are available.
The current zoning is Agriculture (A) . The application for planned
development zoning has been withdrawn.
The Goldfield's proposed development has evolved from a proposal to
build another house on 6.47 acres with a gatmd, private cul de sao
requiring PD zoning for a private street, to a proposal to build
another house with a public oul de sac In "A" zoning.
The oul-de-eac is required under the following provision of Chapter 34
of the City Codes "every permanent and temporary dead-end street on
which there is located a building lot that does not have frontage on
any other street shall be developed with a cul-de-sac." Private
streets are allowed only in PD zoning districts.
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ApOa N a. de,
Apontla It M. CC Forman Goldfield Addition ~•hIH
March 17, 1992
Page 2
The PD petition was withdrawn when owners of more 206 of the land
surrounding the t!:act opposed, and an agreement could not be reached
with the neighbors.
Platting is required because no more than one single family dwelling is
allowed on a lot, and the property is not platted. Before the new
house were built, the property would have to be platted.
Chronologyt
Nov. 7, 19911 Predesign with ARC. Discussed platting in "A" zoning
district. P&Z scheduled for 5 Dec. 91,
Dec. 2, 1991% Meeting between Robbins and Mrs. Goldfield.
Discussed requirements for platting, private streets
in PD's and rezoning and platting process.
Dec. 11, 19911 Meeting with architect, Robbins, City Manager, and
Mrs, Goldfield. DRC comments confirmed.
Dec, 26, 1991t DRC reviews preliminary plat and PD Detailed Plan.
Jan. 2, 19921 DRC reviews preliminary plat and detailed plan.
Jan. 8, 19921 P&Z tables detailed plan and preliminary plat.
Feb. 6, 19921 DRC reviews preliminary plat and detailed plan, PD
zoning application withdrawn,
Feb. 12, 19921 P&Z postpones at applicant's request consideration of
preliminary plat.
Feb. 20, 19921 DRC reviews preliminary plat.
Feb, 26, 19921 P&Z recommends approval of preliminary plat,
Feb. 28, 19921 Final plat submitted for review.
March 3, 19921 Council votes to consider preliminary plat on March
17C-j,
PROGRAMS, DUARTMENTH D&GROUPS WY&jU1
Regulatory review process, Goldfields and neighbors.
Page 2
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Agenda No, a ' CJ U
Agenda Ilem!~ #
CC Forsati Goldfield Addition Dales.-`3
Xarch l7, 1992
Page 3
FISCAL MPAM
N/A
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Pr are<4 s qoy iVVTirraII
city manager
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F ank Robbins, AICP
Executive Director
Planning and Development
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§ 212,008 LOCAL GOVERNMENT COI)b
Agenda Itorn
planning commission, the governing body of the in its extrateffiV?dal jzdictIdr0takUint0 ae.
municipality. count access to aod'ex enslon o sewer and water
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. mains and the instrumentalities of public utilities;
§ 212,009. Approval Procedure (3) a bond required +tnder Section 212,0106, If
applicable, is filed with the municipality; and
(a) The municipal authority responsible for ap• (4) it conforms to any rules adopted under Sec.
proving plats shall act on a plat within 30 days after tion 212,002,
the date the plat is filed. A plat Is considered
approved by the munlcipal authority unless it is (b) However, the municipal authority responsible
disapproved within that period. for approving plats may not approve a plat unless
the plat and other documents have been prepared as
(b) If an ordinance requires that a plat he W required by the governing body of the municipality in by Section 212,0106, if applicable,
addition to the planning commission, the governing Acts ID87, 70th Leg., ch, 149, § r, eff. Sept. 1, 1987,
body shall act on the plat within 30 days after the Amended by Acts 1989, 71st Leg., ch. 624, § 3.01, eff,
Sept. 1, 1989,
date the plat is approved by the planning commis- Section 02 of the 1989 amendatory, act provides:
sion or is considered approved by the inaction of the "The changes In law made by this Act to Chapters 212 and 2r1,
commission. A plat is cone;idered approved by the Local Government Code, end to Section 12.002, Property('?*
governing body unless it is dhiapproved within that apply only to a subdivision of a tract of land and to anownerof lbr
period, tract If the tract is subdivided on or after September I, lq%,^
(c) If a plat is approved, the municipal authority § 212,0105, Water and Sewer Requirements in
giving the approval shall endorse the plat with a Certain Counties
certificate indicating the approwil. The certificate (a) Thls section applies only to a person who:
must be signed by,
(1) the authority's presiding officer and attest- (1) is the owner of a tract of land in either,
ed by the authority's secretary; or (A) a county that is contiguous to an interns.
(2) a majority of the members of the authority. Clonal border; or
(d) If the municipal authority responsible for ap. (B) a county in which a political aubdividoa
proving plats fails to act on a plat within the pre- has received financial assistance through Suit.
scribed period, the authority on request shall issue a chapter K, Chapter 17, Water Code;'
certificate stating the date the plat was filed and (2) divides the tract in a manner that tract*
that the authority failed to act on the plat within the any lots that are Intended for residential purposes `i
period, The certificate is effective in place of the and are five acres or lees; and y
endorsement required by Subsection (c), (3) is required under this subchapter to have a
(e) The municipal authority responsible for ap• plat prepared for the subdivision,
proving plate shall maintain a record of each appli' (b) The owner of the tract:
cation made to the authority and the authority's
action taken on it. On request o an owner of an (1) tnust: 1
affected tract, the authority shall certify the rea• (A) include on the plat or have attached Is
sons for the action taken on an application, (he plat a document containing a descriptide d
Acts 1987, 70th Leg., ch. 149, § L eff. Sept. 1, 1987. the water and sewer service facilAks that
be constructed or installed to service the s
212,010. Standards for Approval vision avid a statement of the date by which
(a) The municipal authority responsible for ap• facilities will be fully operable; and
proving plats shall approve a plat if: (B) have attached to the plat a
(1) it conforms to the general plan of the mu- prepared by an engineer registered to
nicipality and its current and future streets, al- In this state certifying that the water and
leys, parks, playgrounds, and public utility facili• service facilities described by the plat ors
ties; document attached to the plat are in
(2) it conforms to the general plan for the ex- with the model rules adopted under
tension of the municipality and Its roads, streets, 18,343, Water Code; or
and public highways within the municipality and :308 (2) must:
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Agona° Rem
1°
MINUTES
Planning and Zoning Commission g
February 26, 1992
The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas,
was held on Wednesday, February 26, 1992, at 5;00 p.m. in the Council Chambers of City
Hall, 215 East McKinney.
Present; Jim Engelbrecht, Ivan Glasscock, Judd Holt, Mary Evelyn Huey, and William
Kamman
Absent; Roy Appleton III and Fran Morgan
Present from Staff; Frank Robbins, Executive Director for Planning and Development;
Owert Yost, Urban Planner; Joe Morris, Assistant City Attorney; David
Salmon, Engineering; Gerald Cosgrove, Water/Wastewater; Kathy Dubose,
Finance; Corrie Gil, Finance; and Olivia Carson, Secretary
Chairman Holt called the meeting to order.
1. Minutes
It was moved by Mr. Ka, nji, seconded by Mr. Glasscock, and unanimously carried
(4.0) to approve the minutes of the January 22, 1992 meeting.
Motion was made by Mr. Glasscock, seconded by Mr. Kamman, and unanimously
carried (4-0).
11, Consent Agenda
Mr. Kanrman asked about the zoning case for the Goldfield plat.
Mr. Robbins explained that the zoning case was to allow for a private street. Tile
plat now shows a public street. There will be no gate across the cul-de-sac. The plat
meets City specifications and is in accordance with the Subdivision Regulations for
an agriculture district, The house location will be shown on the building plans. The
owners may locate It whorever they wish as long as It meets the required setback
standards for the agriculture district The location of the house is not an issue that
can be addressed by the plat. Plats must be approved as long as they meet
regulations.
Mr. Glasscock moved to approve the consent agenda as follows:
al The preliminary plat of 67.928 acres of previously unplattcd land Into the
Estates of Forrestridge Addition, Sections 1, 11, and 111.
?j
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Agenda No. ~p= - f--
Agenda item e` 5_:
Date _
P&Z Minutes
February 26, 1992^~
Page 2 1
l
b. The preliminary plat of 19.8 acres of unplatted land into Lots 1 and 2, Block
1, of the Kern Personal Care Center Addition.
C. The preliminary plat of lots 1 and 2, Block A of the A. Goldfield Addition.
Motion was seconded by Mr. Kamman and carried (3-1). Ms. Huey voted no.
Mr. Engelbrecht arrived at the meeting.
111. Consider approval of the final plat of Lot 1, Block 1 of the Food Lion T-2 Addition
from 4.116 acres of previously unplatted land. j
Staff Report: Mr. Yost stated that the 4.116 acre tract is located on the southeast 1
corner of Windsor Drive and Locust Street. Public improvements to be constructed
by the developer include one on-site hydrant, one off-site fire hydrant, approximately
410 feet of concrete sidewalk, an off-site drainage pipe and a right-turn lane from
Locust Street onto Windsor Drive, Five feet of right-of-way will be dedicated on
Locust, A detention pond, with it capacity of 23,000 cubic feet, will be constructed
on the southeast corner of the site. The current zoning is Planned Development and
it detailed plan for it 32,000 square foot grocery store hits been approved. The plat
conforms to the minimum requirements of the Subdivision and Land Development
Regulations; Chapter 34 of the Code of Ordinances, j
l!
Mr. Kamman moved to approve the final plat of Lot 1, Block 1 of the Food Lion T•2
Addition. Motion was seconded by Mr. Engelbrecht and unanimously carried (5.0).
IV. Hold it public hearing and consider making a recommendation to the City Council j
with regards to the, proposed annexation of 23.059 acres and its zoning to SF-16. !
I
Mr. Robbins stated that there tire two items to be considered. One is annexation of
the tract and the other is Toning the tract SF-16. The applicant has requested the
annexation and the City Council has held two public hearings on the service plan for
the area to be annexed.
r
Staff Report; Mr. Yost reported that the property is owned by Lodge Construction
Co., Inc. There are 23.059 acres of vacant land which are in a low intensity area.
The development requires tin 8 inch water line, and the City is requesting that a 12
inch oversized line be installed, The Public Utilities Board will look at participating
in the cost of the oversized line, A temporary detention pond will be constructed off
I:
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Agenda
Dale .3'/ 7-9et
L/ a yV 14
TO: Mayor and Members of the City Council
FROM: Joe Thompson, Airport Manager
DATE: March 4, 1992
SUBJECT: Lease No. DTFA07-93-L-010?0 with the Federal Aviation
Administration (Outer Marker Site, Runway 17)
The Airport Staff has reviewed the Federal Aviation
Administration Request with the City Attorney and has recommended
that the outer Marker Site, 0.7 acres be renewed with the Federal
Government. There will be no cost to the City of Denton since
this oystem is funded and maintained by the Federal Aviation
Adminsitration.
1
kr-rtc.
Nurida No.
Aosodaktam.leS
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council U
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Lease No. DTFA07-93-L-01020 with the Federal Aviation
Administration for Outer Marker Site, Runway 17.
RECOMMENDATION:
It is the recommendation of the. Airport Manager and the City Attorney
to execute a Lease between the City of Denton and the Federal Aviation
Administration for the Outer Marker Site, Runway 17, as called for
in the Federal Aviation Administration documentation.
SUMMARY:
If the City of Denton fails to sign this Lease, it would be in a
position to lose its outer Marker Site, Runway 17, which is a vital
part of the Airport Facilities. This Lease Agreement defines terms
that will protect both the City of Denton and the Federal Aviation
Administration.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
This Agreement will not affect any other Department or Group.
FISCAL IMPACT:
There will he no cast to the General Fund.
Respec ully submitted:
Llo d V. Harrell
Prepared by: City Manager
Jne Thompson, Airport Manager
Appr t
46. Rick 've a, eputy City Manager
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ALL00169
Agenda No.
Agerida 11oni_._._Z!Z_S__Z2!!2_
9
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
BETWEEN THE CITY OF DENTON AND THE FEDERAL AVIATION ADMINISTRATION
FOR LAND AT THE DENTON IRMICIPAL AIRPORT FOR THE ERECTION OF A
MARKER FOR THE INSTRUMENT LANDING SYSTEM FOR RUNWAY 17; AND PRO-
VIDING FOR AN EFFECTIVE. DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION i. That the City Manager is hereby authorized to
execute a lease between the City of Denton and the Federal Aviation
Administration for 0.7 acres at the Denton Municipal Airport for
the erection of a marker for the instrument landing system for
Runway 17, a copy of which is attached hereto and incorporated by
reference herein.
SECTION II. That this Resolution shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this the day of , 1992,
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CXTY SECRETARY
BYt
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: 1~'~ U _
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Adrnda No. Gv
Agenda
U,S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Southwest Region
Fort Worth, TX 76193-0056
Lease No.: DTFA07-93-L-01020
Outer Marker Site, Runway 17
Municipal Airport
Denton, Texas
LEASE
between
CITY OF DENTON, TEXAS
and
THE UNITED STATES OF AMERICA
This LEASE, made and entered into this day of in the
year one thousand nine hundred and ninety-two, by and between the C%TY OF
DENTON, whose address is office of City Manager, Municipal Building, Denton,
Texas 76201, for itself, its successors and assigns, hereinafter called the
Lessor and the UNITED STATES OF AMERICA, hereinafter called the Government;
WTlNESSETH: The parties hereto for the consideration hereinafter
mentioned covenant and agree as follows:
1. For the term beginning October 1, 1992, and ending September 30, 1993,
the Lessor hereby leases to the Government the following described property,
hereinafter called the premises, VIZ:
All that certain lot, tract or parcel of land lying; and being situated
in the City and County of Denton, State of Texas, and being part of the
J, Pearson Survey, Abst. No. 1049, and being part of a tract of land as
conveyed from Charles J. Cutler, at al to May Barbara Dixon by deed dated
October 3, 1936, and recorded in Volume 261, Page 84 of the Deed Records of
Denton County, Texas, and more particularly described as follows;
Beginning at the NW corner of said Dixon Tract, said POINT
OF BEGINNING also being the intersection of Ganzer Road and
Barthold Road; thence East along the North boundary line of
said Dixon Tract, same being the centerline of Ganzer Road,
a distance of 120 feet to a point far a corner; thence South
a distance of 254 feet to a point for a corner; thence West
a distance of 120 feat-to a point for a corner in the 11sst
boundary line of said Dixon Tract; thence North along the
West boundary 1. , of said Dixon Tract, same being the
centerline of Barthold Road, a distance of 254 feet to the
PLACE OF BEGINNING and containing approximately 0,7 acre of
land, more or less, as more particularly shown on
Drawing SW•D-8983.4, attached hereto and made a part hereof.
1
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AQrlnda No.
Agar,da Ilomqq 7.4
a, Together with a right-of-way for ingress to and egBYYs arc Llie7-
premises; a right-o£-way or rights-of-way for establishing and maintaining a ~
pole line or pole lines for extending electric power, and telecommunications 0/
facilities to the premises; and right-of-way for subsurface power,
communication and water lines to the premises; all rights-of-way to be over
the said lands and adjoining lands of the lessor, and unless herein described
by metes and bounds, to be by routes reasonably determined to be the most
convenient to the Government,
b, And the right of grading, conditioning, and installing drainage
facilities, and seeding the soil of the premises, and the removal of all
obstructions from the premises which mqy constitute a hindrance to the
establishment and maintenance of air navigation and telecommunications
facilities.
o. And the right to make alterations, attach fixtures, and erect
additions, structures, or signs, in or upon the premises hereby leased, which
alterations, fixtures, additions, structures or signs so placed in or upon, or
attached to the said premises shall be and remain the property of the
Government, and may be removed upon the date of expiration or termination of
this lease, or within ninety (90) days thereafter, by or on behalf of the
Government, or its grantees, or purchasers of said alterations, fixtures,
additions, structures, or signs,
2, RENEWAL OPTION:
This lease may, at the option of the Government, be renewed from year to
year and otherwise upon the terms and conditions herein specified, The
Government's options shall be deemed exercised and the lease renewed each year
for one (1) year unless the Government gives the Lessor thirty (30) days'
written notice that it will not exercise its option before this lease or any
renewal thereof expires; PROVIDED that no renewal shall extend this lease
beyond the 30th day of September 2007,
3. BENT:
The Government shall pay no monetary consideration in the form of rental,
it being mutually agreed that the rights extended to the Government herein are
in consideration of the obligation assumed by the Government in its
establishment, operation, and maintenance of the facilities upon the promises
hereby leased,
4, CANCELLAT;
The Government may terminate this lease at any time by giving at least
thirty (30) days' notice in writing to the Lessor, Said notice shall be sent
by certified or registered mail,
2
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Agonda No.. D~
Agonda Item_ 74
Lease No. DTFAO711~3-L-41429°i~
Outer Marker Site, Runway 17 l~ ~y/
Municipal Airport
Denton, Texas
5, DISPUTES:
a, This lease is subject to tho Contract Disputes Art of 1978 (Public
Law 95.563),
b, Except as provided in the Act, all disputes arising under or relating
to this lease shall be resolved in accordance with this clause,
c, (1) As used herein, "claim" means a written demand or assertion by
one of the parties seeking, as a legal right, the payment of
money, adjustment, or interpretation of lease terms, or other
relief, arising under or relating to this lease,
(2) A voucher, invoice, or request for payment that is not in dispute
when submitted is not a claim for the purposes of the Act,
However, where such submission is subsequently not acted upon in
a reasonable time, or disputed either as to liability or amount,
it,pray be converted to a claim pursuant to the Act,
(3) A claim by the Lessor shall be made in writing and submitted to
the Contracting Officer for decision, A claim by the Government
against the Lessor shall be subject to a decision by the
Contracting Officer,
d, For Lessor claims of more than $50,000, the Lessor shall submit with
the claim a certification that the claim is made in good faith, the
supporting data are accurate and complete to the best of the Lessor's
knowledge and belief; and the amount requested accurately rofleots the
lease adjustment for which the Lessor believes the Government is
liable, The certification shall be executed by the Lessor if an
individual, When the Lessor is not an individual, the certification
shall be executed by a senior company official in charge at the Lessor
plant or location involved, or by an officer or general partner of the
Lessor having overall responsibility for the conduct of the Lessor's
affairs,
e, For Lessor claims of $50,000 or less, the Contracting officer must
render a decision within 60 days, For Lessor claims in excess of
$50,000, the Contracting officer must decide the claim within 60 days
or notify the Lessor of the date when the decision will be made,
f. The Contracting officer's decision shall be final unless the Lessor
appeals or files a suit as provided in the Act.
3
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Lease No. DTPW~7-q~+-L--012 -
Outer Marker Site, Runway 17 p d
Municipal Airport
Denton, Texas
g. The authority of the Contracting Officer under the Act does not extend
to claims or disputes which by statute or regulation other agencies of
the Executive Branch of the Federal Government are expressly
authorized to decide,
h. Interest on the amount found due on a Lessor claim shall be paid from
the date the claim is received by the Contracting Officer until the
date of payment. Interest on the amount found due on a Government
claim shall be paid from the date the claim is received by the Lessor
until the date of payment, Interest shall be computed at ten percent
(108) per annum on the basis of a 365• or 366-day year, whichever
applies,
i. Except as the parties may otherwise agree, pending final resolution of
a claim by the Lessor arising under the lease, the Lessor shall
proceed diligently with the performance of the lease and its terms in
accordance with the Contracting Officer's decision.
6, OFFICIALS NOT TO BENEFIT;
No Member of or Delegate to Congress, or Resident Commissioner shall be
admitted to any share or part of this lease, or to any benefit that may arise
therefrom; but this provision shall not be construed to extend to this lease
if made with a corporation for its general benefit.
7, LESSOR WARRANTY;
The Lessor warrants that no person or selling agency has been employed or
retained to solicit or secure this lease upon an agreement or understanding
for a commission, brokerage, percentage or contingent fee, except bona fide
employees or bona fide established commercial or selling agencies maintained
by the Lessor for the purpose of securing business. For breach or violation
of this warranty, the Government shall have the right to annul this lease
without liability, or in its discretion to deduct from amounts otherwise due
under this lease or other consideration, the full amount of such commission,
brokerage, percentage, or contingent fee,
8, CHANCE OF ADDRESS;
Any change in the Lessor's address should be made known to the Federal
Aviation Administration promptly,
4
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Agenda No. _1sal -
Agenda Item- 719
Late
Lease No, DTFA07-93-L-0120
Outer Marker Site, Runway 17
Municipal Airport
Denton, Texas
9. FUNDING RESPONSTBILI y CLASS I - 1 FACILITIES,
The airport owner agrees that any relocation, replacement, or
modification of any Federal Aviation Administration Class I and Class Il
facilities, or components thereof, as defined below, covered by this lease
during its term or any renewal thereof made necessary by airport improvements
or changes which impair or interrupt the technical and/or operational
characteristics of the facilities will be at the expense of the airport owner;
except, when such improvements or changes are made at the specific request of
the Coverm-int, In the event such relocations, replacements, or modifications
are necessitated due to causes not attributable to either the airport owner or
the Government, funding responsibility shall be determined by the Government.
CUSS I FACILITIES
Remote Transmitters/Receiver (Tower) Visual Landing Aids
Airpprt Traffic Control Towers Direction Finding Equipment
Airport Surveillance Radars VOR's, TVOR's, and VORTAC's
Airport Surface Detection Equipment (Instrument Approach)
Precision Approach Radar Weather Observing and Measuring Equip.
ITS and Components (Owned and operated by FAA)
ALS and Components Central Standby Powerplants
Flight Service Stations
CLASS It FACILITIES
Long Range Radar VOR and VORTAC (en route only)
Air Route Traffic Control Centers Flight Service Station
Remote Control Air-Ground Remote Communications Outlet
Communication Facility, Limited Remote Communications Outlet
Other En Route Facilities
10. NON-RESURATU0:
it is hereby agreed between the parties that upon termination of its
occupancy the Government shall have no obligation to restore and/or
rehabilitate, either wholly or partially, the property which is the subject
matter of this lease. It i:a. further agreed that the Government may abandon in
place any or all of the structures and aqutpment installed in or located upon
said property by the Government during its tenure. Notice of abandonment will
be conveyed to the Lessor in writing,
5
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Agenda No. ` D D _
Agenda Ilam 2S
Data . -
Lease No, DTFA07.93-L-01020
Outer Marker Site, Runway 17 lJ
Municipal Airport
Denton, Texas
11. NOTICES:
All notices sent to the parties under the lease shall be addressed as
follows:
To the Lessor: City of Denton, Office of City Manager, Municipal
Building, Denton, Texas 76201
To the Government: Department of Transportation, Federal Aviation
Administration, Southwest Region, ATTN: ASW-56, Fort Worth, TX 76193-0056
IN WITNESS WHEREOF, the parties hereto have unto subscribed their names as
of the date first above written,
CITY OF DENTON, TEXAS
By: _ J
Title:
VE UNITED STATES OF AMERICA
By: 7 V-
Beverl Mayes "
Title: ^^"'s^1<1Ai 4 P1oer
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Agenda No. 9 - U d
Agenda item
Dais - c3- / I-- .?i
Lease No, DTFA07.93-L-01020 /D
Outer Marker Site, Runway 17 l
Municipal Airport
Denton, Texas
CORPORATE CERTIFICATE
I, certify that I am the
of the Corporation named in the foregoing agreement, that
who signed said agreement on behalf of said corporation, was then
_ thereof, that said agreement was duly signed for and in behalf
of said corporation by authority of its governing body, and is within the
scope of its corporate powers.
Dated thts , day of
Signed by,_,_
CORPORATE SEAL
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CITY COUNCIL REPORT
T0: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUB.7ECTs Transit iAdminist Administration Funding for Public Transportation
in Denton
DATE: March 17, 1992
RECOMMENDATIONS
That the City Council pass the resolution authorizing the City
Manaer to nistratin submit (FTA) an
furiding a for public s transportation in Denton
Admi
BACKGROUND:
The City of Denton is requesting $393,918 in federal assistance for
public transit from the FTA. This request is for two years:
current FY 91-92 and FY 92-93. The first year's request includes
partial federal re1mbursement for City staff time as well as one
month of operating assistance for. SPAN for the month of September
1992. SPAN's Section 18 allocation for the City of Denton will end
on August 31. The State adminivters these funds and its fiscal
year begins September 1. Section 18 funds may not be spent in the
City of Denton after the 91-92 State fiscal year ends. This will
ensure that there is no funding gap for SPAN.
Included in the proposed program for the 1992-93 fiscal year are
financial three types of
assistance: Planning, Operating. The broakdownof matches are listed b low Capital, and Local
Federal State City
Planning 80% 13% 7%
Capital 808 13% 78
operating 50% 25% 25%
1
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agenda No.
Agenda tam-
Date
The attached information includes a break down of the corresponding
dollar amounts from each entity. The City's portion includes
$56,000 in the general fund, the same amount allocated in FY 91-92
to SPAN, plus match in City staff time and other eligible match
(eg. trolley advertising, RSVP, United Way donations, etc.). The
City will keep track of staff time spent on public transit and
submit it to the FTA for partial federal reimbursement. This money
will then be available to pass through to SPAN without out of
pocket City expense.
Based on the proposed Section 9 funding request, SPAN will continue
to operate demand-response elderly transportation, HandiHop, and
the four fixed route public transportation. In addition, the
request includes three new lift-equipped, 12-passenger vans for
elderly and handicapped transit and new, larger signs for the
public trolley system.
SPAN expects to receive a bus and a trolley from an earlier Section
18 grant this summer. With this new equipment, SPAN anticipates
beginning a fifth trolley route during the 92-93 fiscal year. The
City and SPAN will also he evaluating the trolley system to
determine if additional stops on existing routes are warranted.
Elderly persons and persons with disabilities will also be eligible
for half price fares on the trolley system. SPAN and the City will
also be looking at a pates system on the public routes, with
possible reduced rates for frequent riders. New maps will also be
printed and distributed during the 92-93 fiscal year.
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED:
Elderly, handicap, and public transportation riders, SPAN staff,
various City departments
FISCAL IMPACT:
Last year the City of Denton allocated $46,000 for the HandiHop
program and $10,000 for Elderly and other transportation. The
Section 9 application request is based on last year's City cash
contribution of $56,000, plus City staff time that will count
toward local match, The SPAN allocation will be proposed in the
City's 92-93 budget and will follow the normal budget appzoval
process. If this amount is not allocated, then the matching amount
of federal dollars will not be available for SPAN transportation in
the Denton urbanized area.
2
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Agonda No. .T ~
AOonda 114!+1 S
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Please let me know if I can provide additional information. &
RESPECTFULLY SUBMITTED,
Lloyd V. Harrell
City Manager
Prepared by:
Catherine E. Tuck
Administrative Assistant
Attachments: Resolution
Transportation System Description
1992 Transportation Improvement Program
Summary October 1, 1991 - September 30, 1992
Summary October 1, 1992 - September 30, 1993
3
AAA0046F
AgenQa No. - DOQQ~ ° -
n5 Ju
AgenrJa Item
RESOLUTION NO. _
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE
DEPARTMENT OF TRANSPORTATIONr UNITED STATES OF AMERICA, FOR A GRANT
UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED; AND
PROVIDING AN EFFECTIVE. DATE.
WHEREAS, the Secretary of Transportation is authorized to award
grants for a mass transportation program of projects and budget;
WHEREAS, the contract for financial assistance will impose
certain obligations upon the applicant, such as the City of Denton,
including the provision by it of the local share of the project
costs in the program;
WHEREAS, the U.S. Department of Transportation requires, in
accordance with the provisions of Title VI of the Civil Rights Aot
of 1964, as amended, that the applicant give an assurance that it
will comply with Title VI of the Civil Rights Act of 1964 and tho
Department of Transportation requirements thereunder; and
WHEREAS, it is the goal of the applicant that minority business
enterprises be utilized to the fullest extent possible in connec-
tion with this project, and that definite procedures shall be
established and administered to ensure that minority businesses
shall have maximum construction contracts, supplies, equipment con-
tracts, or consultant and other services; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESr
SECTION I. That the city manager is authorized to execute and
file an application on behalf of the City of Denton, Texas, with
the U.S. Department of Transportation to aid in the financing of
planning, capital and operating assistance projects pursuant to
Section 9 of the Urban Mass Transportation Act of 1964, as amended.
SECTION II, That the City Manager is authorized to execute and
file with such applications an assurance or any other document re-
quired by the U.S. Department of Transportation effectuating the
purpose of Title VI of the Civil Rights Act of 1964.
SECTION III. That the City Manager or his designee is
authorized to furnish such additional information as the U. S.
Department of Transportation may require in connection with the
application for the program of projects and budget.
NS
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SECTION,ZV. That the City Manager is authorized to set forth
and execute affirmative minority business policies in connection
with the program of projects and budgets procurement needs for
transportation, including the adoption of a policy similar to that
adopted by the City Council in Resolution 92-007.
SECTJ'QA V That the City Manager is authorized to exece.te
grant agreements on behalf of the City of Denton, Texas with the U.
S. Department of Transportation for aid in the financing of the
planning, capital and operating assistance program of projects and
budget.
,~EGTIOg Vj_ That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the _ day of , 1992.
BOB CASTLEBERRY, MAYOR
ATTEST.,
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCHt CITY ATTORNEY
BY s
1liLe['
PAGE 2
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AOondi No, : el b
Adondo Itom, /Ps
SYSTEM DESCRIPTION Da 10 7 9
lo
CITY OF DENTON
The City of Denton was designated as a new urbanized area in the
1990 Census. The city requested that the North Central Texas
Council of Governments be the City's Metropolitan Planning
Organization. The Governor concurred with this request. The City
also received concurrence from the Texas Department of
Transportation for the City to be the designated recipient and
grantee for Section 9 financial assistance through tho Urban Mass
Transportation Act of 1964, as amended.
For the past 19 years, Services Program for Aging Needs (SPAN), a
private, non-profit agency, has operated transportation services in
the City of Denton. SPAN initiated public transportation under
Section 18 in the fall 1989 and contracted with the State to
receive these funds. SPAN will continue to operate transit
services in the City of Denton, The City has applied for Section
9 funds and will rontre-.ct with SPAN t5 continue to provide
transportation services in Denton.
The fixed route system operates trolleys Monday through Friday 7
a.m. to 7 p.m, on four routes. Three routes are one hour and the
fourth route is a thirty minut( route. The routes serve
transportation dependent housing areas, major shopping areas,
universities, medical facilities, most public schools, central
business district, and major employment areas. The fare is $.75.
The system also operates HandiHop transit service for persons with
disabilities. Service is provided in vans during regular operating
hours. On evenings and weekends, SPAN contracts with a local taxi
company to provide the transportation. The fare is $1.50. The
system also includes demand response service for clients who are
not able to use fixed routes, principally elderly citizens.
In 1991, the trolley system provided 66,995 rides, HandiHop
provided 14,669 rides, and demand response provided 221677 rides,
for a total of 104,341 rides. It is estimated that trolley
ridership will increase to 84,000, HandiHop ridership will increase
to 16,140, and demand response ridership will increase to 24,945,
for a total of 125,085 rides for 1992-93. Half fare on fixed
routes will be available for all elderly citizens and persons with
disabilities.
The rolling stock consists of three 32-passenger trolleys, three
lift-equipped vans and two station wagons. The vehicles were
purchased with money from Section 18 and $15,000 from Denton
businesses to help purchase trolleys. SPAN is soon to receive one
25-passenger bus and one 28-passenger trolley, both lift-equipped
and both purchased with funds through Texas Department of
Transportation, The City of Denton's FY 92-93 Section 9 capital
'%`d1'SnV i'i
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h7endaNo.' 7
Agenda Aem b's
request includes three new lift-equippedvans.
The City of Denton is planning to expand the current fixed route
system from four to five trolley routes. The additional route is
necessary to cover more of the City. One area covered by the new
route is the Denton State School, a large MHMR facility that is a
major employer in Denton. The new route will also enable the four
routes to run more efficiently.
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11~~ooa No.
CITY OF DENTON rsr~anda iium. ~S
1992 ANNUAL ELEMENT rau y°~=
TRANSPORTATION IMPROVEMENT PROGRAM
Project Description Estimated <J
Number Costs
VEHICLE ACQUISITION (80/20)
Purchase of three lift equipped 12-passenger vans to add
to the existing fleet in order to increase the level of T$102,000
services within the City of Denton F$81,600
SUS STOP SIGNS 0 20
This project would provide for the installation of Bus T$18,430
Stop Signs along existing fixed routes and along a new F$141744
route to be added.
P NING ASSISTANCE (80/20)
This project would provide funding for planning of transit T$962068
services, monitoring of ridership on existing routes, F$761854
design additional routes and analyses of support data.
OPERATING ASSISTANCE (50/50)
This project would provide funding for operating T$441,440
assistance for nansportation services within City of F$220o720
Denton.
T = Total estimated cost of project
F = Federal share
Note: This TIP is for two fiscal years commencing October 1, 1991 and ending September
30, 1993.
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CITY OF DENTON Agondd NO, _ la - 00
die
SECTION 9 - SUMMARY Agenda Hem
12-MONTH PERIOD (OCTOBER 1 ,1991 - SEPTEMBER 30, 19921
ACTIVITY BUDGET FEDERAL MATCH PTF LOCAL
CAPITAL
STOP SIGN:i $18430 $14744 $3,6W. $2396 $1 290
PLANNING
OPERATIONS $10,000
DEV, & SUPPORT $14,928
GRANT ADMIN. $12,000
TOTAL. _ $36.W8 $29542 $7 386 $1 $6 164
OPERATIONS
SPAN $33,180
CITY $10,000
T07AL $43180 $21 GAO $21690
$9,768 $11824
TOTALS _~66 876 $32.662, $13,39411- $19,268
1
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CITY OF DENTON •^.,lunda No.
nwndaItem
SECTION 9 - SUMMARY
12-MONTH PERIOD (OCTOBER 1,1932 - SEPTEMBER 30, 1993
JACTNITY BUDGET FEDERAL MATCH PTF LOCAL
CAPITAL
_ 3 VANS $102,000 $81 600 $20,400 $13,260 $7,140
PLANNING
OPERATIONS $20,000
DEV. & SUPPORT $10,000
GRANTADMIN, $29,140
TOTAL $59.140 $47,312 $11,_$26 $7.688 $4140
OPERATIONS
SPAN $398,260
CITY 40
TOTAL 260 199130 1991130 $99,W5 565
TOTALS _ $328,0421 $231 358 $120,513 $110,845
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Agenda No.,
Agenda Item=
CITY COUNCIL REPORT Dale ~.~7_~~
DATE: March 17, 1992
TO: Mayor and City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Street Closing Request from Delta Sigma Theta
for the 23rd Annual Greek Show at the
University of North Texas on April 11, 1992
RECOMMENDATION:
That the City Council approve the Resolution Temporarily Closing
the following streets on April 11, 1992, from 5:00 p.m. to 10:00
p.m.:
1. Avenue E, from Eagle to W. Prairie;
2. Avenue D, from Maple to Highland;
3. Highland Street, from Avenue E to Avenue C;
SUMMARY:
Lori Johnson, representing Delta Sigma Theta sorority at the
University of North Texas, has requested that the streets named
above, be closed to through traffic from 5:00 p.m. to 10:00 p.m.
for the 23rd Annual Greek Show. The event is a regional event for
black sororities and fraternities to raise money for charity. The
event will occur at the Coliseum and the streets are requested to
be closed for traffic control purposes. The UNT Police Department
will be manning each barricaded intersection and will also work
security for this event.
Most of the propert+r affected surrounding the Coliseum is owned by
the University. Thu petition attached reflects UNT's concurrence
with this request. Chief Eric Jackson of the UNT Police Department
and the Dean of Students will be at the City Council meeting.
There are two properties which are not represented on this
petition. These are:
Brentwood Apartments 502 S. Avenue E
Texas Pickup 2101 W. Prairie
The group has left messages for the Brentwood Apartments manager
but has not made contact yet. The group will try to obtain a
signature prior to the City Council meeting. Representatives of
the sorority and the UNT Police Department have met with Mr. Bill
Graham of the Texas Pickup, Mr. Graham did not sign the petition
but indicated he will be at the City Council meeting.
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Agenda No. J 40 9
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Agenda!!enn
Dale
The barricades will be manned with UNT Police at all times and will allow all residents of the Brentwood Apartments and customers of
the Texas Pickup to be admitted throughout the event.
Two resolutions are attached. The first one may be used if the
remaining property owners agree to the closing. In the event that
no agreement is reached, the second resolution provides that no
abutting property owners will be denied access to their property.
The City of Denton Police and Fire Departments have been contacted
and concur with this request. Please advise if i can provide
further information.
RESPECTFULLY SUBMITTED,
Lloyd V. Harrell
City Manager.
Prepared by:
Catherine E. 'ruck
Administrative Assistant
AAA0055D
P~e0118 No,
i1gundullem 1CS I C--
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RESOLUTION NO.
A RESOLUTION TEMPORARILY CLOSING AVENUE E, FROM EAGLE DRIVE TO
PRAIRIE STREET, HIGHLAND STREET, FROM AVENUE E TO AVENUE C; AND
AVENUE D, FROM MAPLE STREET TO HIGHLAND STREET ON APRIL 11, 1992;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Lori Johnson, representing the Delta Sigma Theta
Sorority, is requesting that the following streets be temporarily
closed to public vehicular traffic between the hours of 5:00 p.m.
and 10;00 p.m. on April 11, 1992, for the purpose of having a Greek
Show:
1. Avenue E, from its intersection with Eagle Drive to its
intersection with West Prairie Street;
2. Avenue D, from its intersection with Maple Street to its
intersection with Highland Street; ,
3. Highland Street, from its intersection with Avenue E to
its intersection with Avenue C;
WHEREAS,_ Lori JohnsonL representing the Delta Sigma Theta
sororftYE_has_ assured the City that the property owners in this
area have agreed to the temporary closing of this road; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the following public streets within the
corporate limits be temporarily closed to public vehicular traffic
between the hours of 5:00 p.m, and 10:00 p.m. on April 11, 1992:
14 Avenue E, from its intersection with Eagle Drive to its
intersection with West Prairie street;
2. Avenue D, from its intersection with Maple Street to its
intersection with highland Street;
3. Highland Street, from its intersection with Avenue E to
its intersection with Avenue C.
SECTION IT, That the City Manager is hereby directed to
direct the appropriate city staff to work with the Police
Department and the University of North Texas to erect barricades at
each of the intersections designated in Section I hereof at
5:00 p.m. and to have the same removed at 10:00 p.m. on said date.
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PASSED AND APPROVED this the day of 1992.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, ATTORNEY GENERAL
BY,
PAGE 2
AAA0055D
FgpndB ND.
L~11u .vea I-
RESOLUTION NO,
A RESOLUTION TEMPORARILY CLOSING AVENUE E, FROM EAGLE DRIVE TO
P%J IRIE STREET, HIGHLAND STREET, FROM AVENUE E TO AVENUE C; AND
AVENUE D, FROM MAPLE STREET TO HIGHLAND STREET ON APRIL 11, 1992;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Lori Johnson, representing the Delta Sigma Theta
sorority, is requesting that the following streets be temporarily
closed to public vehicular traffic between the hours of 5:00 p.m.
and 10:00 p.m. on April 11, 1992, for the purpose of having a Greek
Show:
1. Avenue E, from its intersection with Eagle Drive to its
intersection with West Prairie Street;
2. Avenue D, from its intersection with Maple Street to its
intersection with Highland Street;
3, Highland street, from its intersection with Avenue E to
its intersection with Avenue C;
WHEREAS, Lori Johnson, representing the Delta Si a Theta
Soror y, as assure -the y a the a u n ro er y owners in
tnis area will no a denied access to their properties as a result
ofFE-he emporary c os ng o tsese roads; NOW. THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESs
SECTION 1. That the following public streets within the
corporate limits be temporarily closed to public vehicular traffic
between the hours of 5:00 p.m, and 10:00 p.m. on April 11, 1992:
1. Avenue E, from its intersection with Eagle Drive to its
intersection with West Prairie street;
2, Avenue D, from its intersection with Maple Street to its
intersection with Highland Street;
3. Highland Street, from its intersection with Avenue E to
its intersection with Avenue C.
SECTION Ii, That the City Manager is hereby directed to
direct the appropriate city staff to work with the Polico
Department and the University of North Texas to erect barricades at
each of the intersections designated in Section I hereof at
5:00 p.m. and to have the same removed at 10100 p.m, on said date.
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REQUEST FOR STREET CLOSURE Agenda No.
Apanda Ilona
Organization requesting street closure
Contact Person: Lu.( ~Rj-nsw) I
Address : W 1 W. ~ Z(o~5
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Phone Number: .(Y~P r
rat,
Street To Be Closed:
Date and Time To Be Closed; 1-t I 1 1 }~Qc~1
Intersecting Streets:
Reason Por. Closure: ' 0-"' VC _lo Y),- rK ~kv
CY-6 C: ~r~y~A,
Please complete the bottom portion of this form. 8 residents
and/or businesses affected by the street closure t LT_ be
contacted and sign below with an indication of being In favor
or in opposition to the street closure.
NAME AUTHORIZED
3Y3- FAVOR/OPPOSE
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Agenda Ilom
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PASSED AND APPROVED this the day of , 1992.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERSo CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, ATTORNEY GENERAL
L
BY:
PAGE 2
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Agenda No. -00 9
Agenda Item 5
CITY COUNCIL REPORT W10
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
DATE: March 17, 1992
SUBJECT: Street Closing Request for the Day of the Cougar at
Calhoun Junior High on Friday, May 15, 1992
RECOMMENDATION:
To temporarily close Congress Street, from Denton Street to Alice
Street, on Friday, May 15, from 3:00 p.m. to 6:00 p.m. for the
annual Cougar Day event at Calhoun Junior High School.
SUMMARY:
The annual Cougar Day fundraising event at Calhoun Junior High
School is scheduled for Friday, May 15. The group has requested
that the street be closed to provide adequate space and safety for
those in attendance.
The only property owner affected by this closure is the DISD who
owns all abutting property on Congress, between Denton and Alice
Streets. The attached petition bears the signatures of the
Principal of Calhoun Junior High and the DISD Superintendent,
Both the Police Chief and Fire Chief have been advised of this
event and have no safety concerns with this temporary street
closure.
Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED,
r~&W6)1 7 L
L1 yd V. Harrell
City Manager
Prepared by:
~L
Catherine E. Tuck
Administrative Assistant
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Dganda No.
REQUEST FOR STREET CLOSURE
Agowa:t S D
Organization cequestinq street closure to I
Contact Person: A,,
Address: 300
Phone Number: S66- a3-7.r
Stceet To Be Closed:
Date and Time To Be Closed: /-Y?a /5` c~.'~U (n 3U
61
inteesectinq Streets:
Reason For r'loaure:~__~J py_C~
Please complete the bottom portion of this form, A residents
and/or businesses affected by the street closure MUST be
coatacted and sign below with an indication of being in favor
or in opposition to the street closure.
NAME AUTHORIZED
r 0 P VO 0 OS
2, Denton ISD Favor
3._A 0 ALHOUN JUNIOR HI VO D FAVOR
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Aganda No. Agenda Ilom
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RESOLUTION NO.
A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE
STREET AND DENTON STREET ON FRIDAY, MAY 15, 19927 AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Eleanor Ismert, representing the Calhoun Junior High
School Parent Teachers Association, is requesting that Congress
Street, from its intersection with Denton street to its intersec-
tion with Alice Street, a public street within the corporate limits
of the City of Denton, Texas, be temporarily closed to public
vehicular traffic between the hours of 3700 p.m, to 6:30 p.m. on
May 150 1992, for the purpose of having the annual Cougar Days
fundraising events and
WHEREAS, Eleanor Ismert, representing the Calhoun Junior High
School Parent Teachers Association, has assured the City that the
property owners in this area have agreed to the temporary closing
of this roadt and
WHEREAS, all property bordering Congress Street between the
intersection of Alice Street and Denton Street is the property of
Calhoun Jr. Hight and
WHEREAS, tho Day of the Cougar fundraising event is open to the
general public of the city and county of Denton; and
WHEREAS, in order to provide adequate space for the said fund-
raising event and in order to protect the safety of citizens who
attend, the City Council of the City of Denton deems it is
necessary to temporarily close a portion of Congress Street between
Alice Street and Denton Street form the hours of 3:00 p.m. until
6:30 p.m. on Friday, May 15, 1992; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That Congress Street, from its intersection with
Denton Street to its intersection with Alice Street, a public
street within the corporate limits of the City of Denton, Texas, be
temporarily closed to vehicular traffic from the hours of 3:00 p.m,
to 6:30 p.m. on May 15, 1992, for the purpose of having the Cougar
Days fundraising event.
SECTION II. That the City Man,zgPr shall direct the appropriate
City Department to erect barricades on Congress Street from the
intersection of Denton Street to its intersection with Alice
Street, at 3:00 p.m. and to have the same removed at 6:30 p.m. on
said date.
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Agonda Item-&-s U
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PECTION III. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1992.
BOB CASTLEBERRYj MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
bY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: /
PAGE 2
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,COUNCIL
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Agenda No. 0, 0-2-
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Agenda kleml 7e
CITY COUNCIL REPORT We~~ ~,f n
DATE: March 17, 1992
TO: Mayor and City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Street Closure Request for the Fry Street Fair
to close Fry Street between Hickory and Oak
Street on April 12, 1992
RECOMMENDATION:
That the City Council approve the resolution temporarily closing
Fry Street, from its intersection with oak Street to its
intersection with Hickory Street on Sunday, April 120 from 11:00
a.m. to 10:00 p.m.
SUMMARY;
The Delta Lodge has requested that Fry Street between Oak and
Hickory be closed from 11:00 a.m. to 10:00 p.m. for the 13th annual
Fry Street Fair. The event features local musicians, artists, and
craftsmen and much of the proceeds go to charities.
The Delta Lodge requested that the street be closed beginning at
11:00 a.m. so that the fraternity may clean the area and set up for
the event. The Fair will begin at approximately 12:30 p.m, and end
shortly before 6:00 p.m. so that music will not conflict with Grace
Temple Baptist Church services. An officer will be placed at the
Church parking lot from 10:00 a.m. to 8:00 p.m. At the close of
the Fair, the Lodge will clean the area, The Delta Lodge indicated
that at 6:00 p.m. the bands will alternatr, from the Lodge back yard
and a parking lot until 9:30 p.m.
Some complaints have been received by the police Department
concerning this event in the past. Gruge Temple Baptist Church has
written a letter opposing this event and a citizen in the area
called to state her concern, Last year, the City Council denied
the street closing request.
The Delta Lodge has made efforts to minimize any inconvenience to
the neighborhood. Twelve police officers and thirty members will
act as security for the event and will also ensure Fairgoers leave
the street after the fair closes at 6:00 p.m. No nlcohol will be
sold at the Fair, although ice chests are allowed, In addition,
the Delta Lodge will sell soft drinks and taxis will be called for
anyone who needs a ride. The Delta Lodge has provided additional
information about the Fry Street Fair and it is attached.
a
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A«onde 11am_ 7 4
Property Owners and Tenants Affected {k~19."~-~-~✓
All of the businesses on Fry Street have signed the petition in
favor of the street closure. Property owner Curtis Loveless, who
owns several lots on thi.3 street, has not signed the street closure
petition, Tax records indicate that J. Wimmer owns the land
occupied by Copy Tech. His signature is not on the petition,
However, the Delta Lodge members were told Mr. Loveless also owned
this property. Signatures of the owner and the tenants at the
apartments at 107 Fry Street have not been reached yet but the
Delta Lodge will try to obtain their signatures prior to the City
Council meeting, All other property owners have signed in favor of
the street closure.
Address Name of Occupant Signatures Obtained
1305 Oak Delta Lodge Delta Lodge
113 Fry Fry St. Records Tenant
Owner Delta Lodge
107 Fry Apartments No signatures obtained
1300 Hickory Copy Tech Tenant
Owner J, Wimmer
did riot sign petition
1235 Oak Corkscrew Tenant
Frank Benenate, owner
118 Fry Vacant No Tenant
Frank Henenate, Owner
116 Fry Campus Barber Shop Eugene Hartman
Tenant and Owner
114 Fry Imagined Image Hair Tenant
Owner Curtis Loveless
did not sign petition
112 Fry Loyd's Tenant
Owner Curtis Loveless
did not sign petition
110 Fry Jim's Diner Tenant
Owner Curtis Loveless
did not sign petition
106 Fry EPA Tenant
Owner Curtis Loveless
did not sign petition
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Agenda No,
i~Agonda flam_, ~
1226 Hickory Flying Tomato Tenan~et1e 0'--/ 2 - ?z
Owner Curtis Loveless
did not sign petition
Security and Safety Measures
If this event is approved by the City Council, the Delta Lodge
indicated they will hire off duty police officers to provide
security for the Fair, At the peak crowd period, there will be
twelve police officers. Thirty Lodge members will also be aiding
in security.
The Delta Lodge has also presented a fire lane plan and it has been
approved by the Fire Marshal.
Please advise if I can answer additional questions.
Respectfully Submitted,
L1 yd . Harrel
City Manager
Prepared byj
Catherine Tuck
Administrative Assistant
1
REQUEST FOR STRB!v`'iTCLOSURE AGOn" No, .-L-;--~- f-
A0ontla Ilam
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organization requesting street closure-
Contact Person: l ~~~t•~'SC T~e5 ell'!~~f /
Address: 130 y rJ~e~
Phone Number:_, 3 ?3` '3 `l-'s?6
Street To Be Closed: -re S •
Date and Time To Be Closed:
intersecting Street/s,, LI-je
t/ C' S/ /`l7i LY/O/~`/ 5 Ts
Reason For Closure: -r`i e C~.-/
Please complete the bottom poctioa of this form. AA residents
and/or businesses affected by the street closure MUST be
contacted and sign below with an indication of being in favor
or in opposition to the street closure.
NAME AUTHORIZED
OF BUSINESS N R FAVO OPPO E
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RESOLUTION NO.
A RESOLUTION TEMPORARILY CLOSING A PORTION OF FRY STREET BETWEEN
THE INTERSECTIONS OF OAK STREET AND HICKORY STREET ON SUNDAY, APRIL
12, 1992; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on Sunday, April 12, 1992, the Delta Lodge wishes to
sponsor the Fry Street Fair to be held on Fry Street between the
intersections of Oak and Hickory; and
WHEREAS, the Fry Street Fair is open to the general public of
the City and County of Denton; and
WHEREAS, in order to provide adequate space for the said Fry
Street Fair and in order to protect the safety of citizens who
attend, the city Council of the City of Denton deems it is
necessary to temporarily close a portion of Fry Street between
Oak Street and Hickory Street from the hours of 11:00 a.m. until
10:00 p.m. on Sunday, April 12, 1992; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I,. That a portion of Fry Street between Oak Street
and Hickory Street shall be temporarily closed as a street or
public thoroughfare of any kind or character whatever on Sunday,
April 12, 1992 from 11:00 a.m. until 10:00 p.m. for the purpose of
holding the Delta Lodge Fry Street Fair, provided, however, that
the following conditions are met by the Delta Lodge:
11 The Lodge will provide personnel to help keep the Grace
Temple Baptist Church parking lot clear of non-church
members;
2. That the Lodge will provide personnel to clean up after
the Fry Street Fair; and
3. That no music will be played until 12:15 p.m.
HLCTION II. That the City Manager shall direct the
appropriate City Department to eract barricades at Fry street, from
the intersection of Oak Street and the intersection of
Hickory Street, at 11:00 a.m. on April 12, 1992, and to i:ave the
same removed at 10:00 p.m. on said date.
SECTION 3 , That this resolution shall take effect and be in
full force and effect from and after the date of its passage.
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Agenda No.
Agenda Item
Date. J'1'7-- 7/
PASSED AND APPROVED this the day of , 1992.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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Agenda No. _ - c9D
LIM
Table of Contents
1. Introduction. 1
2. Organization and Personnel. ...1
3. Neighborhood Communication and Consent 2
4. Security
5. Fire and Safety Arrangements ,,,,,,,,,,,,,,,,,,,,,5
6. Waste Disposal and Management ....................6
7. Music and Entertainment.,
R. Craft Booth Management ,,,,,,,,,,,,,,,,,,,,,,,,,,,7
9, Bathroom Facilities ............7
I 10. Conclusion 7
I1 11. Appendixes
Map showing all Merchants on Fry Street A
Map of Main Security Checkpoints ...............B
Map Illustrating Organization of the Fair C
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Agenda Ilnm.~Ze -
7L-oat"
INTRODUCTION:
Fry Street Fair has been a Denton spring tradition since
1980. Featurina a forum for local artists and craftsmen, arid a
unique promotional opportunity for native north Texas musical
talent, Fry Street Fair also provides an excellent afternoon of
entertainment and shopping for all who attend. The event is
hosted by Delta Lodge, a local fraternal association, who use the
Fair as a fund raiser for their own organization and also donate
much of the proceeds of Fry Street Fair to local and national
charities. Past years have seen donations to the United Way of
Denton, the Denton Police Equipment fund, and the Friends of the
Willis Library, amoAg others. Current donations are to Denton
Christian Preschool, Denton Humane Society, and Denton County
Community Foodshelf.
1. ORGANIZATION AND PERSONNEL.
A. AVAILABLE MANPOWER, The Fry Street Fair is rum entirely by
volunteers from the past and present members of Delta lodge and
some community volunteers which number approximately as follows:
Active Members: 35
Alumni Volunteers: 15
Little Sister Organization: 30
Community Volunteers: 10
,
Total Committed Manpower: 9i+
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Pgondd No. ~ n
Agoida Item
0315 7- 2 i
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B, Organizational Structure, The Fair is tightly organized
into several committees and work forces overseen by committee
heads and monitored by a designated sign up and time sheet, The
committee heads are directly responsible to the steering
committee and the president of the Fraternity. Those work groups
and the number of personnel assigned to them at any given time
during the conduct of the Fry Street Fair are as follows:
Steering Committee: 4 Members or Alumni
Security: 30 Male Members and Alumni
12 Hired Denton Police Officers
Waste Disposal: 18 Members and/or Volunteers
First Aid, 4 Members and/or Volunteers
Booth Management: 2 Members or Alumni
Souvenir Sales; 2 Members or Alumni
Informations 2 Members or Alumni
The number of persons dedicated to these wor,< groups does
occasionally increase as needs dictate, for instance the number
of persons assigned to Waste disposal increases to 35 at the
close of the fair in order to ensure quick and immediate clean
up.
2. Neiyhhorhood_Consent and Communication-
A. ALL SURROUNDING MERCHANTS CONTACTS, The 100 block of fry
2
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Agonda No. 7eA
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Street, lying between Oak and Hickory, is predominantly a
commercial area, Each of the merchants on the street have been
contacted and asked for their support. Attached as Exhibit "A" is
a map of the Fry Street area and a list of each occupying
merchant, All have given their consent to the proposal to close
the street and many intend to open their doors for the fair,
B. NON-COMMERCIAL NEIGHBORS. Great care is taken to
accommodate the non-commercial residents affected by the Fair, in
particular the Grace Temple Baptist Church. The Fair does not
open its gates until 12:30 p.m. providing ample time for the
conclusion of Sunday services and the exit of worshipers, The
delta Lodge also provides a security detail, including a Denton
police officer, to ensure Fair goers do not park in the church
parking lot throughout the day. They wil' ensure that there that
Fair goers will not loiter there as well.
Residential neighbors are also taken into consideration, The
Denton Police Department is requested to provide additional
patrols in the area during the fairand many are hired to assist
in the fair itself. Noise problems are ameliorated by directing
the band stand away from residential areas and toward the
University of north Texas campus, which is closed on Sundays, 'rho
Fair itself will be closed down by 10 p.m.
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Aomida No.
Apenda Nam ~s, ? f
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3. Securit
A. SERVICE OF OFF DUTY POLICE OFFICERS, The Fry Street Fair
engages the service of 12 Denton Police Officers to deter any
violations of the law, facilitate traffic flow, and provide
general community assistance. While these officers are
technically off duty and are paid by the Delta Lodge for their
additional services, they retain full authority as peace officers
and are provided by the support by the on duty Denton Police
Department,
A. MEMBER SECURITY DETAILS. The members of Delta Lodge also
maintain numerous designated security posts and patrols in
cooperation with the Denton Police Department, These member
security details are coordinated by headset communication with
the command center and the hired police officers. At any given
time during the fair, there are at least 30 members committed to
the security details. Any problems with security, lost items
accidents, or potential hazards are addressed by these members,
as well as the police officers. A map of the main security
checkpoints and central police locations is attached as exhibit
,fin li
U C. CON'T'ROL OF ALCOHOL CONSUMPTION, no alcoholic beverages
are sold or served at the fry Street Fair, however, as with many
other outdoor events, fair goers are allowed to bring ice cheats
and their own refreshments. The security details are instructed
4
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Ago0a Ilo
Date
to promptly report any apparent drunkenness or other violations
of the law to the hired Police Officers, Rowdiness is riot
permitted and the police officers are expressly requested to
expel any disruptive person. Moreover, much food is served at the
Fair and the Lodge is prepared to call taxis for any person
unable to drive, it is important to note that the vast majority
of Fair goe.s have always been mature and restrained in their
behavior and given the heavy presence of hired officers, any
incident in both unlikely and subject to prompt police response.
In 12 years of hosting the Fry Street Fair, no major incidents of
violence have been reported to the Lodge in connection with the
event.
4. FIRE AND_SAFETY ARRANGEMENTS.
a. FIRE LANE APPROVED BY THE FIRE MARSHAL. A complete
pathway of fire lanes and designated entrances is marked and kept
clear in accordance with municipal fire regulations, the Lodge
also monitors no parking zones in front of all adjoining fire
hydrants so as to ensure access. The entire plan, complete with
dimensions and staffing assignments is also cleared in advance
with the Denton Fire Marshall. A map with the hydrants and fire
lanes is attached as exhibit "C".
B. FIRST AID PROVIDED The fair organizers also maintain a
first aid booth to promptly deal with any minor injuries or hezit
exposure that could occur. A telephone is close by if paramedics
5
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Agenda No. ~a ! Ott
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Agenda Itam-/19's 716
Glare ;7 - ?J
need to be called to treat any serious injuries. The first aid
staff and security would direct any ambulances through the
designated fire lanes to assist in any evacuation if necessary.
C. INSURANCE. The Fry street Fair also purchases a
$1,000,000.00 dollar policy liability' insurance policy for the
day of the Fair.
5. WASTE DISPOSAL AND MANAGEMENT.
A. STAFF. The entire area of the Fry Street Fair is cleaned
before the start of the Fair. During the Fair. persons are on
duty to empty trash cans and collect refuse during the
festivities. After the Fair closes, a crew of 35 people is
assembled to sweep the grounds clean of any refuse and trash
Anyone who has ever examined fry Street following the Fair has
found it cleaner than any other day of the year.
B, ADDITIONAL REFUSE RECEPTACLES PROVIDED. The Lodge special
orders additional dumpsters for the day of the fair. Supplemental
trash cans are also provided, these receptacles are placed at
various intervals along the street to provide ample trash
disposal facilities, A map of the placement of these items is
illustrated on Exhibit "C".
6. MUSIC AND ENTERTAINMENT.
The Fry Street Fair has become an important showcase for
up and coming artist to show their talent. There will be 11 bands
featured with up to 45 minutes to perform. The shows will be
6
Agenda No. a " Uo
Agenda Item ~~S r E
Dale &-17- L
10/
arranged on trailers parked between the Delta Lodge House and the
Corkscrew. The music will start at 12:30 and will end at 9.30
p.m.
7. CRAFT BOOTH MANAGEMENT, The Fair provides an opportunity for
local business and craftsmen to show and sell their goods.
Approximately 50 booth spaces are designated and sold for various
fees based on type of booth. All proceeds are donated to the
designated charities.
S. BATHROOM FACILITIES. Sanitary Facilities are provided by
contracting for a large number of portable toilets, such as those
seen at many parks and construction sites. These are centrally
located and monitored by the crew members assigned to the trash
detail. The Contractor for the toilets remains on call to address
them at the Fair. For a map of the facilities location see
Exhibit "C"
Conclusion
While the Fair is a unique cultural event which features
creative talent and entrepreneurial opportunities for Denton's
artists of all types, the main point is it is fun for all
concerned, the sponsoring fraternity has been running the event
for 12 years and with that organizational experience and its
communal enthusiasm, it manages to make a seemingly complicated
7
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Agenda No,
Agenda Item
pole 7" VZ
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event look easy. We hope that all who participate or attend will
thoroughly enjoy the event and we look forward to the following
year. If you have any questions or concerns please contact one of
these people at the numbers listed below.
Cliff Hansen, President
1305 W. Oak Denton TX 76201
(817)383-304p6
Michael Scissom, Vice-President
1305 W. Oak, Denton TX 76201
(817) 383-3"6;'`' ~G,
David Young, Treasurer,
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1305 W Oak Denton TX 76201
(817)898-0969 or 383-3646
Jon Walder, Booth Chairman
(817)387-2343
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Agenda No. qa Do y-
Agenda Item_._-z L_L-,
EIRE Date
Bruce ~tt~sr~n
AM lister of Ldurrrttoor
Ad+r+i+ii~trmloa
March 12, 1992
Mayor Bob Castleberry Denton City Hall
215 E. Mckinney
Denton, TX 76201
Dear Mr, Mayor:
On behalf of Grace Temple Baptist Chump, let me express to your our strong and
fervent opposition that the Fry Street Festival be held on Fry Street this year,
We base our feelings on past experience. Despite claims of the organizers to run
an orderly Fair, the opposite has been true, No one can control the drunkenness of
others away from Fry Street. When our church members arrive for worship on Sundae
evenings, our members have found our parking lots to be full of fair-goers cars, the
parking lot strewn with beer cans and broken bottles, and fair-goers urinating on our
parking lots.
Therefore, Mr. Mayor, we again voice our disapproval of the Fry Street Festival
being held on Fry Street or near Grace Temple Baptist Church, We do urge this council
to vote against the Fry Street Festival on Fry Street, We believe that our church members
should expect to find everything in decent order on their propet,y at any time of worship,
Your cooperation in voting not to allow this e~rent near Grace Temple Baptist Church is
appreciated by myself and our membership.
We realize that every year you are forcad to discuss this request and we thank you
for taking a stand to keep Denton decent.
Respectfullyy,/
Bruce K, Austin
Grace Temple Baptist Church
1106 West Oak 0 Denton, 'Iexcts 76201 • (817) 387.6137
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CITY
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CONGRESSMAN DICK AFIMEY o s+a ul orHCas.
26TH DISTRICT. TtXAS
260 SOUFII STIMA1DNS
Sum 210
130 CANNON Rom OFFICE GUILDINn ,QS LIWwviue, TX 76067
WASniNGION, DC 20516 i'~}fYyt (214) 221-4627
(202) 225-7772
1301 SOUIN 6OWIN ROAD
ao um nl❑. Sum 422
BANKING, FINANCE AND ARIINOTON, TX 76013
EDUCATION AND AFFAIRS Congrta of t je M"nito *tato 1 1 71 -266 6
(0 6 171 383--3266
38363-3 316
JOINT ECONOMIC COMMITTEE IFROM CITY OF DIMON)
RAH RIND MiNORiTV MTMW A)ouze of Aeprezentat(bfo
1100bittgtim, 3DC 20515 Agenda No. 01-D~ q
March 3, 1992 Agenda ltemAS-IF~
Lwo 3-17- 9cX
City of Denton z
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The Honorable Bob Castleberry,Mayor
215 East McKinney
Denton, Texas 76201
Dear Mayor Castleberry,
As you are aware, the lack of access to Lake Ray Roberts has
become a major problem in your area. in order to discuss this
issue, and explore possible solutions, a meeting of the Lake
Information Committee has been scheduled for March 20, at 9x30
a,m. in the Community Room of the Pilot Point Bank,
You have been requested to appoint three membere to this
committee from your community. These representatives should be:
1. An elected city official(if there is a Parks/Recreation
representative in your city, this would be the most
appropriate representative), and
2. A representative of a recreational interest(boating,
fisherman,etc.), and
3. A business representative (local. businessman impacted by
the lake(bait shop, boat sales/repair) or a member of
the Chamber of Commerce.
It should be stressed to the members of the committee that their
attendance is important, and that their responsibility is
twofold. First, they are encouraged to seek out and present
local concerns at the meeting] and secondly, they are to provide
information from the meeting to the community.
Attached is a form to complete and return to the congressional
office, listing the representatives for your community. This
information could be sent via facsimile to my office at 214/436-
4279. If you have any questions, or if I may provide any
additional information to you, please contact Ms. Shelby Hiser at
the Lewisville district office.
Thank you for your, assistance in this matter.
S.e'Jre
DICK ARMEY
DA/sjh Member of Congress
Enclosure N It1) 010 RFCYCL I o RARL R
lgada No a - l;>D
Aganda Ilem
Iola
CITY OF
MAILING ADDRESS
TELEPHONE
LAKE INFORMATION EXCHANGE COMMITTEE MEMBERS
ELECTED CITY OFFICIAL:
NAME
MAILING ADDRESS
TELEPHONE
RECREATIONAL INTEREST MEMBER:
NAME
MAILING ADDRESS
TELEPHONE
BUSINESS INTERESTS
NAME
MAILING ADDRESS
TELEPHONE
PLEASE RETURN AS QUICKLY AS POSSIBLE TOt
CONGRESSMAN DICK ARMEY
250 S. STEMMONS, ST. 210
LEWISVILLE, TEXAS 75067
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MATRIMONIAL L . AW V[.,
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LIARK LEWIS A55OCA" March 13, 1992
HANDOUT TO COUNCL
MEETNVG OF 3-17-92
Mayor Bob Castleberry
Members of the City Council
215 E. McKinney
Denton, Texas 76201
Honorable Mayor and Council Members:
I am writing this letter to object to the closing of any
portion of Fry street or any adjoining street for the Fry Street
Fair, I continue to feel that this location is simply not suitable
for holding thel fair. As owner of mo14.t of the parking that is
close by, I want to emphasize that most of it is not available for
use during the fair, Furthermore, I cannot allow the placing of
any booths, port-a-potties, platforms or any other related items:
upon the parking areas because the pavement will not take the
stress that would be place upon it.
The past two years, the fair has used either the fairgs-aurui3
or Carriage. Square. Both of those location are far more suit:ablp
for holding such an event. Furthermore, it would seem that. Fov":s
Field would be an ideal location with large amounts of parking,
considerable access from the various streets and highways aria 'A,
does have open shelter underneath the respective sides o;: the
stadium in the event of rain. I hope that the sponsors of t1Aa hey
Street Fair will utilize one of these other locations,
I feel the Fry Street location is wholly inappropriate an(I
therefore I must object to closing the street and the holding of
the fair at that location,
have e i d by an official of the Grace naptist Church that they malso object to the holding of the fair pin
the Fry Street location. I have spoken with chief of Police Jez
and he has informed me that the Denton Police Department has
considerable concerns about holding the fair in this location. In
the event that you wish further information from the church or the
police department, I would wholeheartedly encourage you to talk to
them directly.
8 1 7. 3 8 7. 3 7 7 4
M[rRa 214 434.3844
FAX 817898.0198
2 1 8 N E L M
0[ N r 0 4 7% 7 6 P. 0 1
~r
a
r .
Mayor Bob Castleberry
Members of the City Council
March 13, 1992
Page two
Thank you for your attention to this matter. I hope that you
will concur with me that this is not an appropriate location for
the fair and will deny the closing of the street.
Sincerely,
Curtis M. Loveless
CML:tf
cc: Grace Temple Baptist Church
Chief Michael Jez
i
i
a
HANDOUT GIVEN TO COUNCIL 3-17-9
' § 118 HIGHWAYS, Etc. 6'd
deposits to their own uses." However, the city in grading a street
has the right to take from it the gravel or other material situated
above the grade line and to use those materials in improving or
repairing that or any other of its streets without compensation to
the fee owner." And it has been held that if the city does not
desire the soil for the purpose of filling in other streets, and the
adjoining owner does not remove it, the city may sell and dispose
of it in any way it may deem proper."
C. Mom or ABurnxo OWNERS 119, 1201
Research References
ALk Second Series Quick Index (1980 ed.), Abutting Owners;
Highways and Streets § 2
ALR3d4th Quick Index (1980 ed.), Adjoining or Abutting Land-
owners; Highways and Streets § 1
39 Am Jur 2d, Highways, Streets, and Bridges § 157 et seq.
13 Am Jur P1 & Pr Forms (Rev), Highways, Streets, and Bridges,
Form 561 et seq.
§ 119. In general
An owner of land abutting on a street, regardless of whether or
not he owns the fee of the street, has therein certain easements or
incorporeal rights that are special and peculiar to himself and are
87. Refugio v.Str4uch„(1929,,syA), ,within,.purview of Texat'Const~art''V`
20 SW2d 326, revd on other grounds § 17. Clutter v Davis (1901) 25 CA
(Com) 29 SW2d 1041. 5320 62 SW 1107, writ ref
Digging of wells for purpose of fur-
nishing water to travelers Is not right y (1895)
incident to use of way, Clutter v Davis 1 I CA 596, 33 SW 256 (stating that
(1901) 25 CA 532, 62 SW 1107, writ Petition in action by adjoining owner
ref. to recover value of gravel taken from
88. San Antonio v Mutlal street by city is subject to exception
1 t CA 596, 33 SW 256; La yy Orange where pleading does not show that
Brown (1913, 3 CA) S 161 8, rangee gravel was taken below grade level of writ ref. street or was not taken In course of
Should use made of highway exceed grading street, since In absence of such
r.;hts inhering in easement, there is allegations it will not be inferred that
1,wher taking of rights of owner of fee taking was wrongful).
188 43 Tex Jur 3d
i
HIGHWAYS, Etc, § 119
not shared by the public at large." Thus, he is entitled to the
unobstructed use of the street" and to have it kept open;" and, if
it has not been opened, he has a right to have it opened whenever
necessity requires." He also has the right of ingress and egress to
his property from the street" easements of light, air, and view
from the street," and the right to grow trees on the sidewalk in
front of his property." These rights are vested rights," and are
proprietary in character;" an abutting owner may not be deprived
90, Kalteyer Y Sullivan (1898) 18 county road which was public road at JJI
CA 488, 46 SW 288, writ ref; Galves- time landowner purchased land abut.
ton Commercial Assn v Ort (1914, ting the road. Thornton v Smith j
CA) 165 SW 907, writ ref; Panhandle County (CA) 690 SW2d 949.
& S. F. R. Co. v Hurst (1923, CA) {
251 SW 538. 93, Heard v Connor (1905, CA) 84
SW 605,
Practical test for determining
whether property abuts on street is K See 1 120 1
whether or not land would be subject 95, American Const. Co, v Seelig i
to assessment for Improvement of (1911) 104 Tex 16, 133 SW 429, {
street, Lee v Stratford (19.35) 125 Tex Annotations: Munici alit 's
179, 81 SW2d 1003. P Y power i
to permit private owner to construct
Annotations: Relative rights and La. building or structure overhanging or
bilities of abutting owners and public crossing the air space above public
authorities In parkways In center of street or sidewalk, 76 ALR2d 896.
street, 81 ALR2d 1436,
96, Southwestern Tel. & Tel. Co. v i
Law Reviews: Correlative rights of Smithdeal (1910) 103 Tex 128, 124 .
cities and adjacent landowners under SW 627; Blair v Waldo (1922, CA) t
street easements, 14 Baylor LR 272. 245 SW 986,
Annotations: Liability of public util.
91. Spencer v Levy (1914, CA) 173 ity to abutting owner for destruction
SW 550, writ 'ref; Panhandle & S. F, or injury of trees in or near highway ;t
R, Co. v Hurst (1923, CA) 251 SW or street, 64 ALR2d 866.
538; Texas Co, v Texarkana Mach, r
Shops (1928, CA) I SW2d 928; Com• 97. Heard v Connor (1905, CA) 84 i'
missioners' Court of Harris County v SW 605; Ft. Worth & D. C. R, Co, v
Kaiser (1929, CA) 23 SW2d 840,-writ Ayers (1912, CA) 149 SW 1068,
ref; Greer v Robertson (1956, CA Fort 48, Kalteyer Y Sullivan (1898) 18
Worth) 297 SW2d 279, writ ref n re' CA 488, 46 SW 288, writ ref; Galves-
92, Galveston Commercial Ass'n v ton Commercial Assn v Ort (1914,
Ort (1914, CA) 165 SW 907, writ ref. CA) 165 SW 907, writ ref; Stevens v ;
Dublin (1914, CA) 169 SW I88; Spen-
Commissioners court had no power cer v Levy (1914, CA) 173 SW 550,
or authority to take any action to writ ref; Panhandle & S, F. R. Co, v
obstruct landowner's free and uninter• Hurst (1923, CA) 251 SW 538; Texas
rupted passage over, along, and across Co, v Texarkana Mach. Shops (1928,
l:
43 Tex Jur 3d 1117
I::i~
§ 119 HIGHWAYS, Etc,
of these rights by the legislature or the city without just compen-
sation."
§ 120. Access 1
The owner of property that abuts on a street has the right of
ingress and egress to the lands as an incident of ownership.' This
CA) 1 SW2d 928; Commissioners' across state's half of right-of--way.
Court of Harris County v Kaiser State v Fuller (1966, Tex) 407 SW2d
(1929, CA) 23 SW2d 840, writ ref. 215, modg (CA Beaumont) 394 SW2d
99, Kalteyer v Sullivan (1898) 18 203.
CA 488, 46 SW 288, writ ref; Panhan- Owner of property, in absence of
dle & S. F. R. Co. v Hurst (1923, CA) contractual arrangement to contrary,
251 SW 538, Texas Co. v Texarkana has right of access to and user of his
Mach. Shops (1928, CA) 1 SW2d 928. property, Hernandez v Heldenfels
1. Kalteyer v Sullivan (1898) 18 CA (1963, Tex) 374 SW2d 196, revg on
488, 46 SW 288, writ ref; Galveston other grounds (CA Waco) 306 SW2d
Commercial Assn v Ort (1914, CA) 641.
165 SW 907, writ ref; Texas Co. v Ptafttt ,11 1 'bf st„otwit" *a ows,
Texarkana Mach. Shops (1928, CA) 1 maswi" a+t4,aabanaW01lt 1.
SW2d 928; Gulf Relining Co. v Dallas by ei a v of^geMiar dsdigaW
(1928, CA) 10 SW2d 151, writ disrwpoWis Oft a, "W at
w o j; Commissioners' Court of Harris a-h a Ma'piaiM11w: Nff NW.'
County v Kaiser (1929, CA) 23 SW2d.. ,p
840, writ ref; Adams v GrapotWo 1 ` f'ti
(1934, CA) 69 SW2d 460, affd 130 c**,&JNW fan Antonio v Olivares
Tex 587, 111 SW2d 690. (1974, Tex) 505 SW2d 526.
Term "abutting owner," when used Owners of land abutting access road
in relation to highways, ordinarily re- prior to condemnation were not dam.
fern to one whose 4a id actually adjoins aged by construction of controlled ac.
way; though It is sometimes used Bess highway which prevented direct
loosely without implying more than access to inner express roadways, but
close proximity. And where abandoned left them access to highway system by
railroad right-of-way lay between pri- means of their abutting road. Hol-
vate property and state highway, and brook v State (19620 CA Eastland) 355
owners of property had title to one- SW2d 235, writ ref n r e.
half of right-of-way adjoining their
property and state had title to other Where construction of pipeline in
half of right-of-way, even if state's half public road did not change abutting
of right-of-way could be used by state landowner's access to his property,
only for highway purposes, that did landowner's failure to show material
not make it part of highway, and, and substantial Impairment of his right
where public way had not yet been of access precluded his recovery of
established thereon, property owners damages as matter of law. Lohmann v
did not own land abutting on highway Gulf Refining Co. (CA) 682 SW2d
and had no right of access to highway 612.
t88 43 Tex Jur 3d
Pi
HIGHWAYS, Etc. § 120
right is appurtenant to the land;' it passes to a lessee, and it also
extends to invitees of the owner and lessee,'
The right of ingress and egress is a vested right;$ it is private
property' and may not be taken away, destroyed, or unreasonably
abridged without due process of law,' or without adequate com-
pensation.' However, the rule that access to a public highway is
2. Gulf Refining Co. v Dallas (1928, SW 967; Gulf Refining Co. Y Dallas '
CA) 10 SW2d 151, writ dism w o j; (1928, CA) 10 SW2d 15t, writ dism
Adams v Grapotte (1934, CA) 69 w o j.
SW2d 460, affd 130 Tex 587, 111 Access to highway or road from i
SW2d 690, lands abutting thereon may be likened
Right of access is concomitant of to easement appurtenant to those abut-
ownership of land abutting on high- ting lands. State v Meyer (1966, Tex)
way, and is property right encom. 403 SW2d 366; Beaumont v Marks
passed by Texas Const art I § 17, State (1969, Tex) 443 SW2d 253,
v Meyer (1966, Tex) 403 SW2d 366. 4. Adams v Grapotte (1934, CA) 69
Annotations: Abutting owner's right SW2d 460, acrd 130 Tex 587, 111
to damages for limitation of access SW2d 690,
caused by conversion of conventional S Gulf Refining Co. v Dallas
road into limited-access highway, 42 B (1928,
ALR3d 13; Measure and elements of CA) 10 SW2d 151, writ disco w oj,
damage for limitation of access caused 6. Kaiteyer Y Sullivan (1898) 18 CA
by conversion of conventional road 488, 46 SW 288, writ ref; Ort v Bow.
Into limited-access highway, 42 den (1912, CA) Ma SW 1145; Adam3
ALR3d 148; Powet to directly regu- v Grapotte (1934, CA) 69 SW2d 460,
late or prohibit abutter's access to ON 130 Tex 587, 111 SW2d 690.
street or highway, 73 ALR2d 652;
Power to restrict or Interfere with Abutting property owned, possesses
access of abutter by traRie'regulations, easement of access that is property
73 ALR2d 689, right; this easement is not limited to
right of access to system of public
Law Revlewes Eminent domain v roads, and diminishment in value of
police power as related to abutting property resulting from loss of access
owner's right of access, 14 Baylor LR constitutes damage, Du Puy Y Waco
70; Controlled access highway--can- (1965, Tex) 396 SW2d 103.
8icting rights of highway users and Means of free egress and Ingress
i abutting commercial enterprises, 11 through street or alley to lot and
Baylor LR 149; The landowner's right buildings thereon is as much property
of access to the abutting street-a
helton
damaging for the public use, 20 SW as s lot it lot itself. Shelton v Phillips (1921,
LJ 393; Zoning ordinance and abut. CA) 229 SW S967.
ter's right of access, 12 SW LJ 522; 7. Gulf Refining Co, v Dallas (1928,
Property right of access versus power CA) 10 SW2d 151, writ disco w o j,
of eminent domain, 47 Tex LR 733,
8, 1{alteyer v Sullivan (1898) 18 CA
3. Shelton v Phillips (1921, CA) 229 488, 46 SW 288, writ ref; Ort v Bow-
43 Tex slur 3d 189
§ 120 HIGHWAYS, Ftc.
incident to ownership of the land abutting thereon and that such
property right cannot be taken or destroyed for public purposes
without adequate compensation being given therefor, does not
apply where governmental authority invokes its police power for
the protection of the health, safety, and general welfare of its
citizens,° Hence, exercise of the right of access may be reasonably
regulated for the protection of pedestrians and others having the
right to use the adjoining sidewalk and street.'*
It has been stated that the right of abutting property owners of
access to and from the highway or street includes not merely the
ability of the abutting landowner to enter and leave his premises
by way of the street or highway, but also the right to have his
premises accessible to his patrons, clients, and custome, s.11
den (1912, CA) 148 SW 1145; Adams SW2d 99) and (ovrld on other grounds
v Grapotte (1934, CA) 69 SW2d 460, San Antonio River Authority v_Lewis
affd 130 Tex 587, 111 SW2d 690, (Tex) 363 SW2d 444)
Inc stated
RS art 6674w et seq. confers broad Texarkana v Kitty ell as
powers on State Highway Commission Texarkana) 539 SW2d 205; Lysaght v
with reference to construction of con- Ft. Worth (1962, CA Fort Worth) 359
trolled access highways, including au- SW2d tZ8, writ ref; Moorlane Co, v
thority to control and restrict points of State (1962, CA Amarillo) 360 SW2d
access, but exercise of such powers 918, writ ref
does not alter existing right of persons Construction of median strip to aid
to compensation for damages suffered in regulation of traffic on highways
as result of exercise, Moorlane Co, v within city constituted reasonable exer-
State (1962, CA Amarillo) 360 SW2d cise of police power, but regardless
918, writ ref thereof abutting, property was,
limited to action for da ages and not
Owner of property abutting siren or en111W to injunction against construe-
highway h right of access thereto tlon of median strip, where property
and nd is is entitled just compensation for
Interference with or denial thereof, was at most damaged through diver-
Particularly where abutting owner has sion of traffic and no part of it actually
rights as member of public and by way taken. San Antonio v Easley (1963,
of private easement. Tall Timbers CA San Antonio) 368 SW2d 683, writ
Corp, v Anderson (1963, CA Fort ref n r e,
Worth) 370 SW2d 214, revd on other 10. Gulf Refining Co. v Dallas
grounds (Tex) 378 SW2d 16, (1928, CA) 10 SW2d 151, writ disco
9, San Antonio v Pigeonhole Park- w o j,
ing of Texas, Inc, (1958) 158 Tex 318, 11. Beaumont v Marks (1969, Tex)
311 SW2d 2180 73 ALR2d 640 (ovrld 443 SW2d 253,
on other grounds Brazos River Au. Compare San Antonio v Easley
thority v Orsham, 163 Tex 167, 354 (1963, CA San Antonio) 368 SW2d
190
43 Tex Jur 3d
~s
i
HIGHWAYS, Etc. § 121
Persons in vehicles have the same right to pass over sidewalks
as a means of access to places of business abutting thereon that
pedestrians have to walk along the sidewalks." A grant by the city
of a permit to construct a place of business carries with it the
right of ingress and egress over the adjoining ,sidewalks," But, if
' the conduct of a business abutting on a sidewa•tk is a menace to
pedestrians or a nuisance to street traffic, the city may prohibit
the use of the sidewalks as a means of access to it."
VI. USE, REGULATION, CONTROL, AND
ADMINISTRATION 121-144]
A. GENERALLY 121-125]
.i
Research References
ALR Second Series Quick Index (1980 cd,), Highways and Streets
§2
ALR3d-4th Quick Index (1980 ed,), Highways and Streets 4, 5
xh Federal Quick Index 3d (1980 ed.), Highways and Streets
Y
kt V,S, Supreme Court Reports (L Ed 2d) Desk Book, Index to Cases
' and Annotations, FederAl•Aid Highway Act; Highways and
. , Streets
L Ed Index to Annotations, Highways § 2.
39 Am Jur 2d, Highways, Streets, and Bridges § 191 et seq.
13 Am Jur P1 & Pr Forms (Rev), Highways, Streets, and Bridges,
Forms 361 et seq., 581 et seq.
t ,L 10 Federal Procedural Forms, Chapter 38, Highways and Bridges i
§ 38.31 et seq.
r § 121. In general; right to use i
A public thoroughfare belongs to the public, and the public is
683, writ ref n , a (abutting property and conduct of his business, provided
`
owner has no vested interest in traffic that use thus made of walk is reason- i
that passes in front of his property), able. Oriental Oil Co, v San Antonio i
(1918, CA) 208 5W l77.
t 12. Adorns v Grapotte (1934, CA) 13, Gulf Refining Co, v Dallas
69 SW2d 460, affil 130 Tex 587, 111 (1928, CA) 10 SW2d 151, writ dism t
SW2d 640. w o j
' Abutting owner has Inherent right
San Antonio
to drive ' over for his Ingrem and 14. Oriental
use (19 18, CA) 208 SW 177.
I'
egress with vehicles
k
r 43 Tex Jur 3d 191
I
-w
526 Tex, 605 SOUTH WESTERN REPORTER, 2d SERIES
The sections of the Texas Family Code 2d 922, reversed and remanded and city pe-
enumerated in Sec, 5.81 set out exceptions titioned for review, The Supreme Court,
to the general principle of Sec, 5.81 that Denton, J,, held that where bank in consid
joinder of both spouses is necessary for eration for closing of portion of alleyway
the disposition of a homestead and are not to facilitate construction of parking garage
here at issue.. Sec. 5,81, like the 1968 paid city $16,800 and dedicated new alley-
amendment of Article 4618, does not re- way which connected the remaining por-
quire a joint conveyance as the sole means tion of the original alleyway with street,
of disposing of a homestead, Instead, Ar• closing of alleyway was for a public pur-
ticle 5.81 implies that joinder in the sale, pose and as lessees still had vehicular access
conveyance, or encumbrance of the home- to their property by the unclosed portion of
stead by the wife suffices for the consent the original alley by exiting through the
required by the Constitution. Sec. 5,81 newly dedicated alley, lessee's right of ac-
contains no feature invalidating a contract cess was not materially and substantially
of sale. impaired,
A married woman has full power to con-Apeals,
tract. See, 4,03, Texas Family Code, reversed judgments
of trial court ~laffirmed.
With repeal of the statutory impediments
to specific performance against the wife,
specific performance will lie as available I. Municipal Corporations 4=657(2)
under common law. City may vacate, abandon and close its
judgments of the courts below are re- streets and alleys for a public purpose,
versed and the cause remanded to trial Vernon's Ann,Civ,St. art. 1175, subd, 18.
court for further proceedings in accord-
ance with this opinion, Municipal Corporations b657(f)
Merely because a vacated street or al-
ley is placed in private control is not alone
sufficient ground for invalidating a closing
O s411 MYMII4 {}I11M
ordinance, Vernon's Ann.Civ.St. art, 1175,
subd. 18.
3. Municipal Corporations 0'057(4)
CITY OF SAN ANTONIO, Petitioner, Fact that vacation of street or alley
was at the instigation of abutting owners
v. to enable them to use the land vacated in
Joe OLI VARES, Sr„ at W.$ Respondents, their business, without a further showing
No. 0-3900. of abuse of official discretion, will not vi-
tiate the proceedings, Vernon's Ann.Civ,
St, art, 1175, subd. 18,
Feb, 6, 1074,
Rehearing Denied March 13, ]074, 4. Municipal Corporations 0=657(!)
Where bank which sought closing of
portion e ruction of odf dicarking garage facilitate con-
Action by lessees of hotel against city st
city
for damages to hotel business caused b p paid
by $16,800 for that portion of alley which city
closing of portion of dedicated public alley quitclaimed to the bank and bank d•~'.nt-;•
to the rear of the hotel, The District ed new alley which connected the unclosed
Court, No. 73, Bexar County, James C. portion of original alley to the street, and
Onion, J,, directed verdict in favor of city dedication of the new and wider alleyway
and the Court of Civil Appeals, 490 S.W. provided better is, closing of the alley '
CITY OF SAN ANTONIO T. PIZAIVARES T 1.l
Cite an SOS AANT.2d L:U
was not exclusively for the private benefit Tuck R. Chapin and John IvI. O'Connell,
of the bank but was for the benefit of the San Antonio, for respondents.
municipality at large.
DENTON, Justice.
3. Eminent Domain 0=106
The respondents, Joe Olivares, Sr. and
Diversion of traffic caused closing Jose F. Olivares, brought this suit against
routes dedicated street, requiring circuitous for the City of San Antonio, the First Nation-
pensable. access to property, is not com- al Bank of San Antonio and various other
ensa individuals and corporations for damages
6. Easements 6?17(4) to their hotel business in San Antonio.
The conveyance of land by reference The respondents alleged that their loss of
to a map or plat, upon which lots and business was brought about because access
to their hotel
streets are laid out, results in the puref~as was impaired be :the passage
er or one holding under him, acquiring by of an ordinance by the cehy which closed a
implication a private easement in the alleys portion of a dedicated pulifle alley to the
rear of their property. Before a trial on li
or streets shown on the plat.
the merits, the suit against the bank was
7. Easements 6=23 settled' for $35,000.00. Subsequently, a di-
rected verdict was entered in favor of the
Private easement resulting from con- City of San Antonia, and the respondents
veyanc plat ue pon of whi land ch by lots and reference to streets a are map iald or appealed. The court of civil appeals, with
plat u one justice concurring and one justice di!;- .i
out survives the vacation or abandonment seating, reversed and remanded, holding
of the strut by the city. that the respondents' reasonable access to
8. Municipal Corporations 6=669 their property had been substantially and
materially impaired. 490 S.W.2d 922. We
Abutting property owners have private ~•everse the judgment of the court of civil
rights of ingress and egress in existing
appeals and affirm the judgment of the
streets and alleys in addition to their right trial court
in common with the general public.
On December 1, 1962, the respondents
9. Municipal Corporations 4=869 leased the Travis Plaza Hotel in San An-
Question whether landowner's right of tonio from the Birdie L. Nix Trust for a
access has been materially and substantial. period of ten years. As depicted by the
!
Travis Plaza Appendix Hotel A, at-
ty impaired by city's abandonment of- dedi- accomtachedpan in hereto, the T diagram,
was
Gated street is a question of law, located upon Lots A-16 and A-17 of a plat
10. Munlolpa! Corporations 4=669 filed of record with the City of San Anto-
Where bank as part of consideration nio. Another hotel, the Bluebonnet, is lo-
to city for closing of portions of dedicated Gated to the north of the Travis Plaza Ho-
alley which provided access to hotel prop- tel upon Lots 15 and 16. Lots 18 and 19, +
try dedicated new alleyway which co*- as well as Lots 1, 2 and 3, were parking
nected the unclosed portion of the original fits. Lots 4 through 6B were occupied by
alley with street, there was no substantial various buildings. The Travis Plaza Hotel
and material impairment of access to the was bounded by Breneman Street on the j
t property, north, North St. Mnry's Street on the west
hotel '
and East Travis Street on the south. East
Pecan Street bounds the Bluebonnet Hotel
Crawford B. Reeder, City Atty., Jackson on the north. The arrows drawn on the
C. Hubbard, Asst. City Atty., San Antonio, accompanying diagram denote the direction Eif
f. petitioner. of one-way traffic on. these streets.
528 Ter. 505 SOUTH WESTERN REPORTER, 2d SERIES
fI
Breneman Street, an alley to the rear of ing diagram, running south from rust 11u-
the Travis Plaza Hotel, ran all the way can Street to,Breneman Street and inter.
from a "T" intersection bordering Lot 19 secting said street at the northeast corner
on the east, and intersecting with East Pe- of the respondents' property, The bank, in
can Street on the north and East Travis addition to dedicating and paving this new
Street on the south to the St. Mary's alleyway, agreed to pay the city the sum of
street intersection to the west. A private $16,800.00 for that portion of Breneman
' alley owned by the respondents' lessor was Street which the city in turn agreed to
located to the immediate rear of the Travis quitclaim to the bank, The following ordi-
Plaza Hotel. The cross-hatched area adja- nance passed by the City Council on April
cent to this private alley was an unfinished 10, 1969, effectuated the above described
motor ramp being constructed by the re- transactions:
spondents. The private alley and motor
ramp were at ground level under the sec- SECTION 1. That portions of the al-
ond floor of the Travis Plaza Hotel, leyways located in New City Block 408,
For some time prior to April 10, 1969, more particularly described by field
the First National Bank of San Antonio notes contained in the Quitclaim Deeds
had begun plans for construction of a mu!- attached hereto, are hereby closed and
ti-story bank and office building on Lots I - abandoned as public ways of the City of
through 6B. Also planned was a multi-sto-
ry parking garage on Lots 18 and 19. SECTION 2, The City Manager is
Pursuant to these plans, the bank acquired hereby authorized to execute Quitclaim
title to Lots 1 through 6B and Lots 18 and Deeds to said parcels of land to the
19 from the private owners thereof. To "abutting owners in consideration of
build the huge 'parking facility, the bank $16,860 plus the dedication of a new al-
also needed to close a portion of Breneman leyway to be located in New City Block
Street, for many years a dedicated public 408,
alleyway in the City of San Antonio. Ac-
cordingly, the bank approached the appro- SECTION 3. That the above described
priate departments of the city and pro- Quitclaim Deeds are not to be delivered
posed that the subject portion of Brenenan to Grantees until such time as proper re-
Street be vacated and closed as a public platting, containing the new alleyway f
way. There were many meetings concern- dedication, has been accepted and ap-
ing this matter and at least one or two for- proved by the City Planning Commis- 1
mal hearings before the City Planning Sion. '
Commission and City Council. The re-
spondents attended these hearings and pro- Thereafter, the bank barricaded the or.
tested the proposed closing. Other abut- dinance-closed portion of Breneman Street,
ting property owners, however, ultimately and the multi-story parking garage was
agreed to the closing of Breneman Street, ultimately built which permanently and
physically closed off the ordinance-closed
it plan %,as finally worked out by the portion of the alley,
City Council whereby the city would, by
ordinance, close and vacate Breneman The respondents contend that the city
Street Ii the east of the Travis Plaza Ho- had no legal right to close Breneman tG
tel as shown by the attached map, In con- Street which had been a public street and
sideration of the closing of Breneman way since the 1800's as shown by the Suerte i
Street, the bank agreed to dedicate to the map in evidence, and that such closing .
city and pave as a public alley the lrregu- materially and substantially impaired theirF
lar-shaped area depicted on the accompany- right of access to their hotel property ,
fil
yrV
Cite en ti05 8,11'.:
thereby resulting in damages to their hotel and the dedication of the new and wider
business, alleyway from Pecan Street south to
Breneman Street, would provide for much
(1-3] The respondents take the position better access and would be a marked im-
that the ordinance-closed portion of Brene- provement over the existing conditions
man Street was closed exclusively for the prior to the closure ordinance, In addi-
private benefit of the bank, calling our at. tion, the bank gave the Nix Estate, own-
tention to the fact that the ordinance was er's of the Travis Plaza Hotel, a six
passed at the instance of the bank and that foot easement in conjunction with adjoin-
the City Council was no doubt motivat- ing property to provide for a larger turn-
ed by a desire to assist the bank in de- ing radius for vehicles in the rear of the
veloping a multi-million dollar project in hotel, A five foot "cut-off" was also
an area otherwise occupied by parking deeded by the bank to the Nix Estate,
lots Vernon's Ann,Civ,Stat., Article 1]~, which provided improved access for vehic-
§ 18, empowers the city to vacate, aban. ular ingress and egress between the hotel
don and close its streets and alleys for and the north-south alley out to Pecan
a public purpose, Hartwell Iron Works Street, The new dedicated alley is twice
v. Missouri-Kansas-Texas R. Co., 56 S.W, as wide in its southern half and provides
2d 922 (Tex,Civ,App,-1933, no writ). As more room for motor vehicles, IIncluding
stated in McQuillin, Municipal Corpo. fire and garbage trucks, to negotiate the
rations, Vol, 11, § 30.186a, page 123, turn into and out of the unclosed portion
the public welfare may be promoted by of Breneman Street. The closing ordi-
placing street lands in private control, nance, conditioned upon the new dedicated
Hence, merely because a vacated street or alleyway together with the easements
alley is placed in private control is not granted by the bank, was for the benefit of
alone sufficient ground for invalidating a the municipality at large,
closing ordinance. And, the fact that the
vacation was at the instigation of abutting (5) Although respondents further con-
owners to enable them to use the land va- tend the closing of Breneman Street rnate-
cated in their business, without a further rially and substantially impaired their right
showing of abuse of offichI discretion, of access, the real claim is that when the
1 will not vitiate the proceedings. Accord- city closed the south leg of Breneman
ingly, a municipality may vacate and close Street to Travis Street, they deprived the
a street or alley on the petition of an abut- respondents, their customers and the public
ter for his benefit where the vacation is generally of access to their hotel via Trav-
also for the benefit of the municipality at Is Street, This complaint concerns circuity
large, of travel, not access. Diversion of traffic
resulting in necessity of using circuitous
(41 Breneman Street as it originally routes is not compensable, City of Beau-
I existed was a fifteen foot alleyway. It mont v. Marks, 443 S,W,2d 253 (Tex,
1 was not wide enough for automobiles to 1969); Pennysavers Oil Co. v, State, 334
1 pass. It was used largely by delivery S.W.2d 546 (Tex,Civ,App.-.-1960, writ
trucks. serving the commercial establish- ref'd).
ments backing on the street, The new
dedicated alley was thirty feet wide at the (6, 7) We do, however, consider the re-
south end, The Director of traffic and spondents' pleaded contention that their
Transportation for the City of San Anto- right of access was materially and substan-
nio reported to the Planning Commission tially damaged by the closing of Breneman
that the proposal of the bank for closing Street, It is undisputed that respondents
the designated portion of Breneman Street, leased the hotel premises in question with
d4S S,W.3d-~~
i
1
I
530 Tex. 606 SOUTH WESTERN REPORTER, 2d SERIES
1 1 reference to the Suerte map showing On the other hand, if the street d
Breneman Street to have been a public in front of one's property is not v
' way sine the 1800's, This Court has con-
but the portion vacated is in a
sistently held that the conveyance of land block, so that he may use an inters
by reference to a map or plat, upon which cross street, although perhaps it
lots and streets are laid out, restilts in the quite so short a way nor as convc
purchaser or one holding under him, ac- it is almost universally held that ht
quiring by implication a private easement not suffer such a special injury as
in the alleys or streets shown on the plat. tles him to damages. And this is si
Dykes v. City of Houston, 406 S.W.2d 176 withstanding the new route is less c
(Tex.1966) ; City of Houston v, Fox, 444 nient or the diversion of traffic c
S.W.2d 591 (Tex.I969), This private ease. ciates the value of his property.
ment survives the vacation or abandonment fact that the lot owner may be incoi
of the street by the city. Dallas Cotton ienced or that he may have to go a
Mills v. Industrial Co., 296 S.W. 503 roundabout way to reach certain p,
(Tex.Com.App.-1927); Blair v. Astin, 10 it is generally held, does not bring
S.W.2d 1054 (Tex,Civ.App.-128, writ an injury different in kind from the
ref'd), eral public, but in degree only,
means of ingress and egress are no,
(8] Texas courts have generally recog- off or lessened in th; block of the s
nized that abutting property owners have ting owner, but only rtndered less co
private rights in existing streets and alleys nient because-.of being less direct to
in addition to their rights in common with er points in the city, and made co by
the general public. This right is in effect vacation of the street in another bl
a private right of ingress and egress. It is such consequence is damnum absque
a right of passageway to and from the juria."
property. City of Waco v, Texland Corpo-
ration, 446 S.W.2d I (Tex.1969) ; City of [9,10] The question of whether a to
Houston v. Fox, supra; State v. Meyer, owner's right of access has been materi
403 -S.W.2d 366 (Tex.1966); Powell v. and substantially impaired is a question
Houston & T. C. R. R. Co., 103 Tex. 219, law. City of Waco v, Texland Corpc
135 S.W, 1153 (1911), Lion, supra. We hold that, as a matter
law, the respondents' access to their he
In City of Waco v. Texland Corporation, property via Brene.man Street was not n
supra, this Court held that "property has terially and substantially impaired. T
been damaged for a public use within the evidence before us conclusively establisl
meaning of the Constitution when access is that after the construction of the ban
materially and substantially impaired even parking garage on that portion of Bre:
though there, has not been a deprivation of man Street, which had been closed, the I
all reasonable access." This standard of spondents still had vehicular access to thi
compensable damage was upheld in City of property via the unclosed portion of Brer
Houston v. Fox, supra, although the Court man Street by existing south off East F
there held that there had not been a mate- can Street through the newly dedicated s
rial and substantial impairment of the ley' Under this state of facts, there
nothing to huiicrtto the presence of any su
plaintiff's right of access, stantial and material obstacle to vehiculi
This Court in Lee v, City of Stratford, access to respondents' property via Bren,
125 Tex, 179, 81 S.W2d 1003, 1004 (1935), man Street.
approved the following doctrine of wide The judgment of the court of civil al
acceptance as stated in McQuillan, Munici- peals is reversed and that of the trial cow
pal Corporations, Vol, 4, § 1527, page 279: is affirmed.
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